Professional & Knowledgable Law Team

Sunday, December 11, 2011

Immigration minister targets 6,500 in citizenship fraud


Citizenship and Immigration Canada is investigating 6,500 people who may have obtained permanent residency status or Canadian citizenship through fraud, Minister Jason Kenney says.
Citizenship and Immigration , Minister Jason Kenney
A two-year investigation into immigration fraud could lead to 2,100 people having their citizenship revoked and another 4,400 not being able to move from permanent residency status to full citizenship, Citizenship and Immigration Minister Jason Kenney said Friday.
Kenney said the people who face losing their citizenship obtained it fraudulently, paying consultants to make it look as if they were living in Canada to fulfil the residency requirement, when they actually spent little or no time in the country.
Of the 4,400 permanent residents under investigation, he said, 1,400 have voluntarily withdrawn their applications for full citizenship. In some cases, the government will withdraw their permanent resident status.
"We will apply the full strength of Canadian law. Where evidence permits, we will seek the revocation of permanent resident status or citizenship and in some cases the deportation of anyone perpetrating such fraud," Kenney said.
The announcement is the culmination of two years of investigations by Canada Border Services Agency and the RCMP following reports of consultants who would provide fake proof of residency — such as utility bills or receipts for rent — so people could meet that requirement of their application.
Kenney said he started to hear rumours of systematic fraud by consultants when he became minister three years ago. He also credited Radio-Canada's Enquête, which investigated crooked consultants.
"If you are a consultant involved in selling Canadian citizenship fraudulently to people …we are on to you. It’s just a matter of time," he said.
Interim Liberal Leader Bob Rae says fraud has always been illegal, and he sees no real change in what Kenney announced.
"I don't know anyone who's in favour of fraud...it's a question of giving the sense that he's doing something when he isn't doing anything new," Rae said.
"[Fraud is] something that has to be proven. You can’t just announce that’s what you’re doing. There have to be the facts to back it up and there has to be a due process of law… where these issues are settled not just unilaterally by the minister."
NDP Foreign Affairs critic Hélène Laverdière said there are plenty of immigration issues that need more attention, including family reunification. But she admitted the party has nothing against cracking down on immigration fraud.
"For example, there are enormous delays on family reunification. When we're talking about, really, many years before we can complete a family reunification, that's dramatic. There's a lack of resources at a number of levels."

'At the heart of our identity'

"Citizenship is priceless. It is at the heart of our identity as Canadians," Kenney said.
The main requirements to get Canadian citizenship are to spend three out of four years in Canada, plus proficiency in French or English, and a basic knowledge of Canada.
Kenney said the crackdown isn't aimed at people who have minor disputes with the department over whether they have spent the precise number of days required for residency.
Kenney announced a large-scale crackdown in July, targeting 1,800 people the government alleges obtained their citizenship fraudulently.
The people were identified through investigations conducted across the country by police and the Citizenship and Immigration Department. People identified by the investigations were to receive letters informing them of the government's decision.
Kenney has also recently stepped up pressure on the Canadian Border Services Agency to tackle crimes related to immigration marriage fraud and abuse of Canadians who are drawn into fraudulent marriages.
The government will reintroduce legislation to regulate citizenship consultants, Kenney said.
He says there are also 4,400 people with permanent resident status who are known to be implicated in residence fraud.

Most of them are outside the country.

"Canadian citizenship is not for sale," said Kenney.

"Canadians are generous people, but have no tolerance or patience for people who don't play by the rules and who lie or cheat to become a Canadian citizen.

"The government will apply the full strength of Canadian law to those who have obtained citizenship fraudulently."

Permanent residents must acquire three years of residence out of four years to apply for Canadian citizenship.

To retain their status as permanent residents, they must be physically present in Canada for two years out of five.

"I encourage anyone who has information regarding citizenship fraud to call our tip line to report it," Kenney said.

Thousands to be stripped of Canadian citizenship in historic fraud sweep

OTTAWA — The federal government is set to crack down on 4,700 more people believed to have obtained citizenship or permanent resident status illegally in what’s being dubbed the biggest citizenship fraud sweep in Canadian history.
Immigration Minister Jason Kenney is expected to make the announcement that “Canadian citizenship is not for sale” on Friday.
He will unveil the details in Montreal where Nizar Zakka — an immigration consultant suspected of fraud — was arrested in 2009. Zakka is suspected of providing would-be Lebanese immigrants with false evidence — indicating that they were living in Quebec when they were not — to support their cases for permanent residency.
He’s also accused of filing or contributing to the filing of 861 false tax returns for at least 380 clients between 2004 and 2007. The returns allegedly were then used to claim refunds for child care and property taxes as well as the provincial sales-tax credit.
The announcement comes six months after the government moved to strip 1,800 people of their Canadian citizenship or permanent resident status for the same reasons. Up until this year, Canada had revoked just 67 citizenships since the Citizenship Act came into force in 1947.
The bulk of the citizenship fraud cases are said to be linked to Zakka as well as Halifax immigration consultant Hassan Al-Awaid, who was charged in March with more than 50 citizenship fraud-related offences.
The cases are also tied to a third consultant from Mississauga, Ont., west of Toronto, who remains under investigation, according to a government source who noted the others were brought to light thanks to the new citizenship fraud tip line.

Fotolia
Up until this year, Canada had revoked just 67 citizenships since the Citizenship Act came into force in 1947
Unveiled in September, the tip line already has fielded 5,366 calls.
Letters are currently being sent to the 6,500 people from 100 countries indicating that Canada is revoking their citizenship or permanent resident status due to fraud.
This comes following a lengthy investigation by the RCMP and the Department of Citizenship and Immigration.
Alleged fraudsters, the majority of whom are not currently living in Canada, have up to 60 days to appeal the decision in Federal Court before cabinet moves to void their passports and strip them of all rights and privileges.
According to Citizenship and Immigration, to maintain permanent resident status a person must reside in Canada for at least two years within a five-year period. Permanent residents seeking citizenship must show proof that they’ve lived in Canada for at least three of the last four years before applying.
At the time of Al-Awaid’s arrest, Kenney said he was suspected of helping people “create the appearance they were residing in Canada in order to keep their permanent resident status, and ultimately attempt to acquire citizenship.”
He said investigators had linked Al-Awaid to 1,100 applicants and their dependents, 76 of whom had obtained Canadian citizenship.
He noted that many people were prevented from “fraudulently obtaining citizenship” as a result of the investigation.
The government has been taking action against citizenship fraud for some time. The Cracking Down on Crooked Consultants Act, which imposes tough new penalties for immigration consultants convicted of fraud, including fines and/or prison, is now law in Canada.
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CHB defying orders, allege residents

Mohali, December 10
The much-delayed Sector-63 housing project of the Chandigarh Housing Board (CHB) is again in trouble with the Punjab Water Supply and Sanitation Department reportedly reluctant in permitting the former to integrate the sewer and storm water drainage system of the upcoming dwelling units with that of Mohali.
Citing inadequate carrying capacity, the department has, in a communiqué to the CHB, stated that the existing lines brought storm and sewer discharge of Phases IX and XI, before it moved towards Sector 67.
Recently, the project was in news when officials of the Greater Mohali Area Development Authority (GMADA) had objected to the coming of 1,100 flats close to the houses in Phase IX of Mohali. It was then decided that a minimum distance of 60 feet would be maintained between the six-storey block of the Sector 63 housing scheme and row of residential houses in Phase IX of Mohali.
Superintending Engineer of Punjab Water Supply and Sanitation Department NK Dhir said he had received no communication in this regard from the CHB.
On the other hand, the Chief Engineer has written a letter to the Superintending Engineer apprising him of the issue. Minutes of a meeting held in the office of the Chief Administrator, GMADA, in August have been mentioned in the letter wherein it was decided that a joint inspection of the existing capacity of the lines would be done. It was also decided that in case the existing line was not adequate to accept the additional discharge, the CHB should be allowed to lay its own line in Mohali area up to the location where the existing service of Mohali could take the additional discharge generated from 1,100 dwelling units of the CHB complex.
But so far no decision has been taken on the issue which is likely to surface in a meeting with Punjab and CHB officials scheduled for December 15.

Sector-63 housing project in trouble


Mohali, December 10
The much-delayed Sector-63 housing project of the Chandigarh Housing Board (CHB) is again in trouble with the Punjab Water Supply and Sanitation Department reportedly reluctant in permitting the former to integrate the sewer and storm water drainage system of the upcoming dwelling units with that of Mohali.
Citing inadequate carrying capacity, the department has, in a communiqué to the CHB, stated that the existing lines brought storm and sewer discharge of Phases IX and XI, before it moved towards Sector 67.
Recently, the project was in news when officials of the Greater Mohali Area Development Authority (GMADA) had objected to the coming of 1,100 flats close to the houses in Phase IX of Mohali. It was then decided that a minimum distance of 60 feet would be maintained between the six-storey block of the Sector 63 housing scheme and row of residential houses in Phase IX of Mohali.
Superintending Engineer of Punjab Water Supply and Sanitation Department NK Dhir said he had received no communication in this regard from the CHB.
On the other hand, the Chief Engineer has written a letter to the Superintending Engineer apprising him of the issue. Minutes of a meeting held in the office of the Chief Administrator, GMADA, in August have been mentioned in the letter wherein it was decided that a joint inspection of the existing capacity of the lines would be done. It was also decided that in case the existing line was not adequate to accept the additional discharge, the CHB should be allowed to lay its own line in Mohali area up to the location where the existing service of Mohali could take the additional discharge generated from 1,100 dwelling units of the CHB complex.
But so far no decision has been taken on the issue which is likely to surface in a meeting with Punjab and CHB officials scheduled for December 15. 

Human RightsDay

Dal Khalsa writes to US watchdog


Jalandhar, December 10
Marking the 63rd World Human Rights Day, the Dal Khalsa has invited the US-based Human Rights Watch (HRW) to probe the “continuing abuse of human rights in Punjab”.
In a six-page missive addressed to the international watchdog’s office in New York, the Dal Khalsa has listed several instances of custodial deaths and violations of rights of political dissenters and common citizens over the past one year.
It also highlighted several incidents of denial of civil liberties to common citizens. These included incidents of high-handedness by the authorities on protesting pharmacists, ETT teachers, unemployed linemen, female multi-purpose health workers, unemployed B.Ed. teachers, veterinary inspectors, farmers and employees of a sugar mill, besides Sikh radicals.
“Such incidents widely reported in the media have failed to elicit any reaction from the law-makers in the state or the Union government,” states the letter.
“We are particularly concerned about the prospects of retired Punjab police officers having checkered past jumping into the political fray, reads the letter.

Another Consumer Forum bench starts work


Chandigarh, December 10
Punjab Food, Civil & Consumer Affairs and Information Technology Minister Adaish Partap Singh Kairon today dedicated the third bench of the Punjab State Consumer Disputes Redressal Commission to the public.
Presiding over a function organised in commission’s office here, Kairon said the commission played an important role in providing speedy justice to the consumers betrayed by the companies as in some cases.
He said though the amount involved was usually not so big, it was the matter of hurting of their sentiments and a feeling of denied justice. He pointed out that speedy justice for consumers was the need of hour as generally in these cases complainants did not pursue their cases.
The purpose of setting up of the third bench was to cut short the pendency of consumers’ cases at the state level to two months.
The minister said Punjab was the only state in North India to have three benches at the state commission.
Speaking on the occasion, Justice SN Aggarwal (retd), president, Punjab State Consumer Disputes Redressal Commission, said not only the backlog of cases, which were pending since 1999, had been cleared but also the cases filed up to 31.12.2006 had been finalised.
He said the annual non-plan budget of the commission was Rs 4.59 crore which had been enhanced to Rs 11.02 crore for the financial year 2011-12. Similarly, there had been an increase in the plan budget, which was Rs 32.25 lakh during 2007-08, had now been enhanced to Rs 77.13 lakh. 

10-day police custody for AMRI directors


Kolkata, December 10
Six of the seven arrested directors of the AMRI hospital, where 91 persons mainly patients choked to death after a fire, were today remanded to 10-day police custody by a court here, as the defence counsel alleged that he was not allowed to move bail.

Chief Judicial Magistrate of the Alipur court, S M Shahnawaz remanded R S Goenka, S K Todi, Prashant Goenka, Manish Goenka, Ravi Todi and Dayanand Agarwal in police custody till December 20.
Shahnawaz ordered that another AMRI director R S Agarwal, who was admitted to the B M Birla Hospital here after his arrest yesterday, be produced in court at the earliest.
The state government’s lawyers strongly opposed their bail petitions.
They pleaded that they be allowed to remain in police custody for some more days for enabling the cops to make further interrogation. The court also sent the accused to 10-day police custody.
The next date of hearing has been fixed as December 20, when all the accused will be produced before the court.
The lawyers appearing on behalf of Todi and other accused, however, alleged they did not get proper opportunity for pleading in the court today and they will make a fresh bail move for their clients either in the Calcutta Court or the Supreme Court on Monday.
Initially, there was chaos and confusion in the court following the decisions of the Alipore Lawyers’ Association and Alipore Bar Association to boycott the hearing. No lawyers in the court agreed to appear on behalf of the accused. But the associations did not oppose the appearing of lawyers of some other courts on behalf of those arrested. Accordingly, two lawyers of the Calcutta High Court today pleaded on behalf of the accused.
Meanwhile, the death toll in the hospital fire incident today rose to 91, with two more patients succumbing to injuries in two different hospitals where they were taken from AMRI Hospital in a critical condition.
The bodies of two other patients from Agartala were reportedly missing. The two nurses on duty who were killed were identified today by their relatives after they arrived in the city from their hometown in Kerala.
Teams of forensic experts visited the hospital for making an on-the-spot inquiry. The 15-member police team of the detective department of Kolkata police inquiring into the incident also made an on-the-spot inquiry and interrogated hospital staff, doctors and security personnel.
The state minister for fire service and the disaster management Javen Khan said such a devastating fire could have been averted if fire-fighting regulations had been properly conformed to.
He alleged that the electrical installations in the hospital was defective and the fire might have been caused by a short-circuit.
Khan appointed a five-member expert team for looking into the fire safety arrangements in all hospitals, private nursing homes and other high-rise buildings in the city. The officials will, from time to time, visit hospitals and other buildings and submit reports to West Bengal Chief Minister Mamata Banerjee.