research@cila.co<\/a><\/strong><\/li>\n<\/ul>\nThe first part analyzes Federal Court decisions from 2025\u201326 involving allegations of fraud, misrepresentation, \u201cghost\u201d consultants, and incompetent representation. Drawing on publicly available jurisprudence, the discussion highlights several key trends. First, findings of misrepresentation under section 40 of the Immigration and Refugee Protection Act<\/em> remain difficult to overcome, even where representative misconduct is involved, reflecting the Court\u2019s consistent emphasis on applicant responsibility for the accuracy of their applications. Second, while allegations of incompetent representation are relatively common, they continue to face a high dismissal rate due to the demanding legal threshold required to establish a miscarriage of justice. Overall, the limited data regarding ghost consultants in published decisions from the Court suggests that matters involving such consultants are more likely than not to be dismissed, keeping in mind that each matter before the Court turns on its own facts.<\/p>\nThe second part shifts the focus from adjudication to enforcement by examining Saskatchewan\u2019s consolidated provincial framework under the Immigration Services Act<\/em>. Saskatchewan\u2019s model is shown to be unusually proactive, with meaningful sanctions imposed against unauthorized consultants, recruiters, and employers. Compared to federal professional regulation alone, provincial enforcement under the Immigration Services Act<\/em> of Saskatchewan appears to offer a more immediate and tangible deterrent to fraudulent and exploitative conduct. At the same time, the second part of the Report identifies legal and practical constraints, including jurisdictional overlap, resource demands, and the inability of provincial remedies to mitigate federal immigration consequences for victims.<\/p>\nThis report highlights that neither federal judicial review nor provincial regulation is sufficient on its own to address immigration fraud comprehensively. However, when viewed together, they reveal the potential for a coordinated, multi-level enforcement approach. Saskatchewan\u2019s experience demonstrates that provincial governments can play a decisive role in protecting newcomers and reinforcing system integrity, while Federal Court jurisprudence underscores the need for clearer pathways to mitigate immigration consequences where fraud is established. The report concludes that greater alignment between provincial enforcement mechanisms and federal immigration decision-making is essential to delivering meaningful justice for individuals harmed by fraud and misrepresentation.<\/p>\n
Recommendations<\/strong>\u00a0<\/strong><\/p>\n\nStrengthen enforcement against unauthorized representatives and ghost consultants.<\/li>\n Improve transparency and reporting on immigration fraud cases.<\/li>\n Enhance collaboration between federal and provincial regulators.<\/li>\n Encourage provinces to adopt stronger enforcement frameworks.<\/li>\n Increase public education and awareness regarding immigration fraud.<\/li>\n<\/ul>\nRead More<\/strong><\/p>\n\nCILA’s 2025 Anti-Fraud Report<\/a><\/li>\n<\/ul>","protected":false},"excerpt":{"rendered":"March is recognized in Canada as Fraud Prevention Month, a national initiative dedicated to raising awareness about fraud and protecting individuals from deceptive practices.<\/p>","protected":false},"author":115,"featured_media":15052,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"inline_featured_image":false,"footnotes":""},"categories":[593],"tags":[413,644,526,265,748,140],"class_list":["post-15048","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-positions","tag-case-law","tag-fcc","tag-federal-court-of-canada","tag-fraud-prevention","tag-immigration-fraud","tag-saskatchewan"],"aioseo_notices":[],"aioseo_head":"\n\t\t\n\t