Canadians Take Minister Of Immigration & CBSA to Court

Toronto, Feb 15, 2009
Sampuran ( Sam ) Benet
PRESIDENT of CAIF

Marriage of convenience or immigration marriage fraud occurs when a sponsored spouse from overseas commits fraud through misrepresentation by contracting a marriage for the sole purpose of gaining immigrant status in Canada.

As a consequence thousands of innocent Canadian and permanent resident sponsors who married in good faith suffer financial loss. Psychological trauma, social stigma and family law issues. These Canadian and permanent residents have submitted complaints to both Citizenship and Immigration Canada (“CIC”) and Canada Border Services Agency (“CBSA”) for investigation to revoke their former spouses’ immigration status for misrepresentation.

CAIF has commenced a Class Action in Federal Court of Canada on behalf of these victims of immigration fraud marriage against CIC and CBSA. Thousands of innocent victims of marriage fraud have exhausted all their avenues in order to seek justice in spite of having submitted well documented complaints to both CIC and CBSA against their former spouses.
The Immigration and Refugee Protection Act (“IRPA”) has provisions for investigation and revocation of status in cases of marriages of convenience. To date, CIC and CBSA have not systematically or effectively pursued the perpetrators of marriage fraud who remain in Canada legally with impunity.

Immigration- based marriage fraud is growing rapidly in Canada every year. The fraudulent foreigners are playing with the lives of innocent Canadians and Government is failing to protect the rights of Canadians.

By default the government rewards these individuals and encourages thousands of other foreign nationals to pursue this avenue of illegal immigration into Canada at the expense of the victims and the Canadian taxpayers. The government’s lack of action widens the door for more fraud, crime and other illegal activities.

The Canadian Press had reported hundreds of Immigration based marriage fraud cases in the past. Fraud is a criminal offence and marriage is not an Immigration deal.

Canadians Against Immigration Fraud and victims are putting their faith in our justice system to prevail and do what is right. And what is right is to seek justice for victims and all Canadians.

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Canada Border Service Agency

Immigration Violations:

The CBSA investigates immigration violations and removes persons who do not have a right to enter or stay in Canada. The ability to remove people is vital to the integrity of the immigration system, and to those who come to this country lawfully. CBSA officers across Canada investigate people who may have breached the Immigration and Refugee Protection Act (IRPA). They work closely with the RCMP, local police and other agencies and, when necessary, can arrest, detain and remove people who breached the Act.

Members of the Immigration Division of the Immigration and Refugee Board (IRB) conduct admissibility hearings. The IRB is independent of the CBSA and its members are trained in immigration law.When a more complicated breach of IRPA is alleged, the Minister's delegate reviews the investigation report and refers the matter to the Immigration Division for an admissibility hearing.

Admissibility hearings are similar to court hearings and are generally open to the public. However, they are held in private if they concern refugee protection claimants. Removing individuals who do not have a right to enter or stay in Canada is essential to maintaining the integrity of our immigration program and to ensuring fairness for those who come to this country lawfully.

• Canadians Against Immigration Fraud (“CAIF”) is a non profit organization that advocates for the rights of victims of immigration marriage fraud.

• Read More about immigration marriage fraud