A fraud consultant from Punjab, India, will be called to testify for an admissibility hearing of an international student facing removal order from Canada.
The immigration appeal division (IAD) has provided Batth’s attorney four weeks to issue the Indian consultant with a summons to appear at the upcoming hearing in May.
This is a big decision for reference for all the international students facing removal order from Canada because of fraudulent offer letter used by their consultant to get him a study permit.
Amritraj Singh Batth, 25, is among a group of international students charged with misrepresentation by the Canada Border Services Agency in connection with the same consultant for using fraudulent documents to obtain their study permits, all pending removal from Canada.
The students have claimed that they didn’t know the admission letters allegedly provided by Brijesh Mishra, owner of EMSA, a consulting firm in Jalandhar, to facilitate visas to study in Canada, were a forgery.
The students – some have been in Canada since 2017, have completed their studies, and were on the path to permanent residence.
At Batth’s hearing in Toronto on Friday, the immigration tribunal accepted the request by his lawyer, Jaswant Mangat, to call Mishra as a witness in the case, arguing that the consultant’s evidence would be “extremely material” for his client to have a fair process.
Kudos 👏🏻 to Jaswant Mangat’s rationale and reasoning for calling Mishra as a witness and it seems a genuine request to reach a decision in this case.
Despite the government counsel’s objection that the consultant’s fraud was not the subject of the proceeding, adjudicator Karina Henrique agreed that there’s a “narrow pathway” for the tribunal to consider the claim of “innocent representation.”
If it can possibly be shown that the consultant defrauded the person concerned to the extent that there was nothing the person concerned could do to prevent or be aware of it despite his due diligence, then the person concerned would fall within that narrow exception,” Henrique concluded.
What is this case all about
Batth, who moved to Canada in 2018, said a relative introduced his parents to Mishra in 2018, and he had no idea the agent wasn’t a certified lawyer or an immigration counsellor in Canada.
This is similar to Karamjeet Kaur Canada Immigration Case.
Upon arrival in Canada, Batth said the agent tried to help him switch to the food and nutrition program but then stopped all communication.
He later enrolled in a diploma course in web design and programming at CDI College in Montreal.
Batth’s lawyer stated in a written motion submitted earlier this week that Mishra is the only person who can testify about “the most important issues in this case, the fraud, his role, and the process he used to commit the fraud.”
The lawyer also filed a police report dated March 17, 2023, detailing allegations of fraud involving Mishra, which warranted further investigation and an order issued by the local authorities in Jalandhar to revoke EMSA’s consultancy license.
A translation of the police report said the initial complaint against Mishra was filed in April 2019 by the family of another international student, Simrat Kaur, who was told by the Canadian embassy a month earlier that her documents were forged and she was denied a student visa.
She was banned from entering Canada for five years.
EMSA’s license cancellation based on the police report stated that travel agents are regulated by the State of Punjab, which monitored “illegal and fraudulent activities, and malpractices.”
“If a person, who is not enjoying a clean police record, is permitted to continue the work of travel agent, it will send the wrong message to the public,” Jaspreet Singh, deputy commissioner of Jalandhar, wrote in an order issued in March 2023.
This case highlights the issues that international students face when trying to study abroad. In recent years, there has been an increasing number of cases of fraudulent activities and misrepresentations by agents and consultants who provide services to international students.
This is particularly true in countries like India, China, and Nigeria, where there are many students who are interested in studying.
Who is Amritraj Singh Batth and what is his connection to the case?
Amritraj Singh Batth is an international student who allegedly used a fake college admission letter provided by a consultant to gain entry into Canada illegally.
He is among a group of international students charged with misrepresentation by the Canada Border Services Agency in connection with the same consultant.
Who is Brijesh Mishra and what role did he play in the case?
Brijesh Mishra is the owner of EMSA, a consulting firm in Jalandhar, India. He allegedly provided fraudulent admission letters to international students to facilitate visas to study in Canada.
He is being called as a witness in Amritraj Singh Batth’s case to testify about his role and the process he used to commit fraud.
What is the claim of “innocent representation” in immigration?
The claim of “innocent representation” is a narrow exception that can be considered if it can possibly be shown that the consultant defrauded the person concerned to the extent that there was nothing the person concerned could do to prevent or be aware of it despite his due diligence.
What issues do international students face when trying to study abroad?
International students face issues such as fraudulent activities and misrepresentations by agents and consultants who provide services to them.
This is particularly true in countries like India, China, and Nigeria, where there are many students who are interested in studying abroad.
What action was taken against Brijesh Mishra and EMSA by the local authorities in Jalandhar?
Based on a police report detailing allegations of fraud involving Mishra, the local authorities in Jalandhar revoked EMSA’s consultancy license.
Travel agents are regulated by the State of Punjab, which monitors illegal and fraudulent activities, and malpractices.