Feds plan to revoke fraudulent citizenship of 1,800

Canadian passport (1993-2002).Image via Wikipedia
BY ALTHIA RAJ, POSTMEDIA NEWS JULY 19, 2011

The federal government believes some 1,800 Canadian citizens have obtained their citizenship through fraudulent means and it intends to revoke their status, Postmedia News has learned.The federal government believes some 1,800 Canadian citizens have obtained their citizenship through fraudulent means and it intends to revoke their status, Postmedia News has learned.

Photograph by: Richard Lam, Reuters

OTTAWA — The federal government believes some 1,800 people have obtained their Canadian citizenship through fraudulent means and it intends to revoke their status, Postmedia News has learned.
After a lengthy investigation by police and the department of Citizenship and Immigration, letters have been issued to hundreds of Canadians telling them the federal government intends to revoke their citizenship.
Individuals can challenge the decision in Federal Court but if they don't, cabinet will move to void their passports and strip them of their citizenship.
Some of the people targeted are believed to have used crooked consultants who submitted fraudulent applications on behalf of people who didn't meet the qualifications for citizenship — such as residency requirements.
"The bottom line is three years residency in Canada but a lot of people misrepresent the amount of time they spend here . . . (They) are actually living and working in Dubai, for example, but claiming they are in Canada and may be using consultants to manufacture evidence that they are here," immigration lawyer Andrew Wlodyka explained Tuesday.
Many people benefit from Canada's generosity while living in places where they don't pay income tax nor do they declare their worldwide income as they are required to under Canadian law, he said.
"I know some people who declare their income to be $30,000 when they live in a $5,000,000 house and they have a lot of property in Asia," he said from his office in Vancouver.
"We lose a lot of clients because we demand full disclosure, and a lot of the really good lawyers in town do the same, but clients don't want to disclose so they find consultants that will do whatever they want as long as they pay them," he added.
It is difficult for the government to track such cases because Canada doesn't have exit controls, residents can move easily across borders and it is difficult to track how long some have been gone.
Still, Wlodyka, acknowledged it is possible that some of the 1,800 may be victims themselves and have unknowingly committed immigration fraud by hiring unprincipled consultants.
Citizenship revocation is relatively uncommon in Canada. According to data from 2010 only 63 people have had their citizenship revoked since 1977, when the revocation process was established. Most were for reasons related to residence fraud, criminality, false identity and seven were for concealing their involvement in war crimes.
Speaking in Vancouver Tuesday, Immigration Minister Jason Kenney said the federal government was trying to discourage immigration fraud.
"For those who simply touch down and try to get a Canadian passport as a . . . passport of convenience, who don't pay our taxes but who do consume our social benefits, I think that's dishonourable," he told a group of reporters after delivering a speech to a Vancouver Board of Trade.
"There are many ways that we are combating immigration fraud and abuse of our generosity, whether it is from (bogus) asylum claimants, crooked immigration consultants, people smugglers, people who are abusing out citizenship program," he added.
During a trip to the Punjab capital of Chandigarh in India in January 2009, Kenney said he was "floored" after seeing thousands of faked documents that had been submitted with visa applications. Many of the documents came from unscrupulous document vendors, counterfeit artists and fake immigration consultants who can charge $15,000.
Canadian citizenship can at times be a safety-net. Approximately 15,000 passport holders in Lebanon used their citizenship to get out of a war zone in 2006. The federal government spent almost $100 million bringing them home only to find out that some had rarely, if ever, set foot in Canada and that most returned to their Lebanon, their real home, as soon as situation calmed.
Last year, the Conservative government introduced legislation to streamline the time-consuming and expensive revocation process. The Tories wanted to remove the decision making from cabinet and place it in the hands of the Federal Court, which could also issue removal orders earlier in the process.

Asylum backlog will stay despite reform

Photo of Tabaret Hall with the Desmarais Build...Image via Wikipedia
Published On Tue Jul 19 2011
Nicholas Keung Immigration Reporter
Ottawa’s plan to fast-track the refugee system could be a “gift” for bogus asylum seekers in the backlog because they will be on the backburner — and not fall under new regulations — when new refugee reform takes effect in December.
The federal government is expected to roll out the new refugee regulations December 1, which aim to assess asylum claims, hear appeals and boot out failed claimants within a year.
However, claims filed under the new law are the priorities and must be processed within legislated time frames; the 41,500 backlogged cases are not.
“The Immigration and Refugee Board will have a significant number of ‘legacy’ cases in the inventory when the Balanced Refugee Reform Act comes into force,” said the board’s recently published 2011/12 planning report. “The IRB will not have the resources to resolve these cases.”
Critics said it is irresponsible for the government to implement a new system without a transition plan such as the “semi-amnesty” program implemented to remove a backlog before the launch of the refugee board in 1989.
“When you start a new ferry, you are not going to put 40,000 people on it. It would sink the boat,” warned Peter Showler, former chair of the refugee board, now director of the University of Ottawa’s Refugee Forum.
Not only do genuine claimants suffer, the long wait time can benefit bogus refugees, said Toronto refugee lawyer Max Berger.
“It will be a gift for claimants with fabricated stories because now they can wait to stay in Canada for as long as possible,” Berger said.
Currently, asylum seekers arriving at the border wait 22 months for an initial decision by the refugee board. If rejected, they can appeal to the federal court and apply for pre-removal risk assessments, processes that take months, if not years.
As of April, there are 47,300 claims in backlog, down from 62,000 in 2009, when the Conservative government delayed appointing new asylum adjudicators.
Ottawa has since filled the refugee board and hired 12 additional adjudicators to deal with the backlog. It is not known when the backlog will be cleared.
“We want to see what’d actually happen under the new system rather than making assumptions and projections, which are a guessing game,” Immigration Minister Jason Kenney told the Star Monday.
“We are focused on the new system that would hopefully deter bogus claimants from clogging up the system and provide protection to bona fide refugees. It’s our hope that by deterring false claimants in the future that we will be able to continue reducing the backlog.”
In 1988, just before the refugee board was launched, the then Conservative government implemented a special one-hearing process to fast track a refugee backlog of 95,000 by lowering the bar of the examination. The backlog took four years to clear despite a $179 million price tag.
Kenney has already ruled out a similar humanitarian program.
“A complete amnesty is inappropriate, but it is reasonable to do some form of humanitarian program for those who are well established and have been here for a long time because of the failure and inefficiency of the current system,” said University of Ottawa’s Showler.
Under the reform, claims will be heard initially by civil servants, who must render decisions within 60 days for claimants from so-called “safe” countries and 90 days for others.

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