Mishra’s arrest is significant in light of Canada forming a task force composed of CBSA and IRCC officials, who will be investigating records of hundreds of former Indian students who entered Canada between 2017-2020 based on fake admission letters, allegedly provided by Mishra.

After months of being on the run, Brijesh Mishra, the main accused in the fake offer letter case in Canada, was finally arrested by the Canadian Border Service Agency (CBSA) on June 23. 

Mishra, who ran a firm called Education Migration Services in Jalandhar, is currently under pre-trial detention in British Columbia (BC) with sources telling The Free Press Journal that the Bihar native has been transferred by CBSA officials to BC law enforcement. 

“The bail hearing for Mishra has been adjourned to today,” a person familiar with the matter told this newspaper. 

Five major immigration-related offences against Mishra 

As per Canadian media reports, Mishra was taken into custody because he attempted to enter Canada and was found to be inadmissible. Mishra has now been charged with five major charges under the Immigration and Refugee Protection Act (IRPA) by the CBSA: 

• IRPA Section 91(1) Unauthorised Representation or Advice for Consideration – one count.
• IRPA Section 126 Counselling Misrepresentation – one count.
• IRPA Section 127(a) Misrepresentation (Direct or Indirect Misrepresentation) – one count.
• IRPA Section 127(b) Misrepresentation (Communicating False Information) – one count.
• IRPA Section 124(1)(a) Non-Compliance with the Act – one count.

Canadian taskforce to analyse applications of Indian students 

Mishra’s arrest is significant in light of Canada forming a task force composed of CBSA and Immigration Refugees Citizenship Canada (IRCC) officials, who will be investigating records of hundreds of former Indian students who entered Canada between 2017-2020 based on fake admission letters, allegedly provided by Mishra. 

These students, the majority of whom hail from Punjab, allege that Mishra signed their admission letters and charged them anywhere between Rs 15-20 lakhs. 

Even though the immigration agent allegedly assured them they had been accepted to renowned Canadian universities like Seneca, Humber, etc, the former students eventually learned that their admissions hadn’t been validated, forcing them to accept enrollment to lesser-known, tier-2 institutions.

After completing their studies, the students obtained their work permits and eventually moved on with the PR procedure, which is when the CBSA discovered that the students’ offer letters were false.

Punjab Police files charges against Mishtra and his accomplices

The Punjab Police had earlier arrested Mishra’s accomplice Rahul Bhargav, a resident of Jalandhar, on March 27, with officials charging both the individuals and another associate Gurnam Singh under Sections 471 (using as genuine a forged), 420 (cheating), 406 (criminal breach of trust), 465 (for making forged documents), 467 (forgery), 468 (forgery for purpose of cheating), and 120-B (criminal conspiracy) of the Indian Penal Code (IPC).

Legal experts weigh in on Mishra’s arrest 

“We will subpoena him to Court and cross-examine him. Also, his connections in Canada will be subject to subpoena/Summons by Court,” stated Toronto-based lawyer Sumit Sen.

Minister Fraser assures justice as Canada sees India as edu market 

With international students being significant contributors to the Canadian economy, Immigration Minister Sean Fraser’s announcement of a taskforce to weed out fake applicants also came with multiple assurances to the aggrieved individuals, one of them being temporary residency permits. 

“If the facts of an individual case are clear that an international student came to Canada with a genuine intent to study, and without knowledge of the use of fraudulent documentation, I have provided instructions for officers to issue a Temporary Resident Permit to that individual,” stated Fraser during the press conference in Ottawa on June 14. 

“This will ensure that these well-intentioned students and graduates can remain in Canada, and ensure that they are not subject to the 5-year ban from re-entering Canada that normally follows in cases of misrepresentation. While this process runs its course, preliminary Temporary Resident Permits will be issued if they are required to prevent imminent deportation for anyone under review,” Fraser added. 

Canada to see new rules on univs taking in int’l students soon 

In an interview with The FPJ in March 2023, CBSA spokesperson Maria Ladoucer highlighted the agency’s efforts in curbing false documentation among international students. 

The eligibility criteria for the Post-Graduation Work Permit (PGWP) will be modified for certain programs at designated learning institutions (DLIs) from September 1, 2023, wherein the institutions have to be approved by a provincial or territorial government before receiving international students, according to Ladoucer. 

This article was originally sourced from www.freepressjournal.in