Today I will share not a success story, not a failure, but a story of not taking up a case. Please take this as a good caution before your handshake with an unauthorized / unprofessional / unethical agent.

A few days ago, an international student client booked a consultation with me.  She wants to apply for an open work permit for her spouse and visitor visa for her child (age 03 years). At first, I was very happy to hear, because it is a very simple case, the work will be done with little effort. But the client said at the beginning of the conversation, "My matter is quite complicated". I asked if she and/or spouse was refused before. She said, no, it's more complicated than that. Now I sat a little shaken.

This client came to Canada alone in March 2023. She has her husband and a 3-year-old child living in her back home. But she is in trouble with her child. When she initially applied, her agent suggested her to keep the baby out of the application, means not declaring about the baby at all in the family information form. Her agent advised her that - if you go alone then showing your husband as your back home tie will help you to get visa but not to show the child because leaving such small kid behind may raise a concern and she may not be able to obtain visa. This advice was readily accepted by the applicant and luckily, she got the visa by doing as the agent said. But after coming to Canada, she realized that she had undergone an operation, but because she was treated by a fake doctor, she went to operate a tumor and discovered that both of her kidneys got leaked quite a bit.

She explained the whole story to me and said that there was nothing wrong with her, she did what the agent said. She thought if she explains the whole matter to Canada Immigration authority then there should not be a problem.  After hearing this, I said in one sentence - sorry, I will not represent you for the case. She asked me the reason and I explained it to her. Let me share that reason with you all so that none of you make the same mistake.

In the case law of Suri v. of Canada (Citizenship and Immigration), 2020 FC 86 (CanLII), the client appealed to the Federal Court after her study permit was refused. The main reason for her appeal was that she was banned by the immigration officer for 5 years after she was caught submitting fraudulent documents. But according to the petitioner, she is not guilty, her agent is guilty. After hearing all, the court dismissed the appeal, citing the following reasons:

[26] While the Applicant explained that the fraudulent GIC was provided by her travel agent, the Applicant is ultimately responsible for all materials in her study permit application. An error or misrepresentation made by her travel agent does not bar the application of paragraph 40(1)(a) of the IRPA (Cao v Canada (Citizenship and Immigration), 2010 FC 450 at para 31).

In other words, the applicant is responsible for her application, the court will not take into account what her agent did. Because all the documents are submitted with the applicant's signature, that means the applicant is aware of whatever the agent says/does. And for that reason, her appeal was dismissed and his ban for 5 years under section 40(1) of the Immigration and Refugee Protection Act (S.C. 2001, c. 27) was upheld.

That means, the situation of the client who came to me is going to be the same. That is, the liability cannot be imposed on the agent. Hope those of you who want to come to Canada will take your every steps very carefully and don't go under the knife of a fake doctor.

 

Disclaimer: The above writing is not intended to be a source of legal advice. Please seek legal advice and use your own good judgement before choosing to act on any information provided above. If you choose to rely on this article, you do so entirely at your own accountability.