What are the consequences of immigration violations for students in Canada?

ENTRANCE

Canada is an attractive destination for international students seeking higher education worldwide, but it also requires students to fully comply with immigration rules. The Immigration and Refugee Protection Act (IRPA) and the Aliens Regulations (IRPR) clearly define the rights and obligations of international students. Accordingly, individuals in Canada on student visas who abuse their status or violate regulations face serious and multifaceted penalties.

1. Basic Requirements for Student Status

In order for a student to legally stay in Canada:

• Having a valid "study permit",

• Being enrolled in a Designated Learning Institution (DLI) that provides full-time education,

• Regular attendance at education,

• To maintain its status, it must submit extension applications in a timely manner when necessary.

2. What Does Immigration Violation Mean?

For students, immigration violations occur in the following situations:

• Staying in the country even after your student permit has expired,

• Studying at institutions that are not DLI-approved,

• Taking a break from education to obtain a work permit,

• Working full-time without permission (violating the 20-hour weekly limit),

• Dropping out of the training program and not reporting a change in status,

• Obtaining student permits with forged documents.

3. Legal Consequences of Immigration Violations

a. Status Cancellation and Deportation Order (Removal Order)

One of the first and most serious consequences is the revocation of immigration status and deportation. The Canada Border Services Agency (CBSA) can enforce a deportation order if a violation is found. Appeals against this decision are processed through the Immigration and Refugee Board (IRB), although the right to appeal may be limited in certain cases.

b. Re-Entry Ban

In some cases, the student is also banned from re-entering Canada for a period of 1 to 5 years. This is especially true if:

• Using forged documents,

• False statement,

• This occurs in cases of deceiving immigration officers.

c. Cancellation of Study Permit

As an administrative procedure, immigration authorities can directly revoke a student's permit. In this case, the individual is obligated to leave the country immediately. Reinstating a revoked permit is quite difficult and time-consuming.

d. Negative Records in Visa Applications

Immigration violations damage an individual's credibility with Canada. This can lead to an increased risk of inadmissibility in future applications for student permit extensions, work permits, or immigration.

4. Rights That Can Be Protected Despite Violation

In some limited circumstances, the student's violation may not have been conscious or intentional. In such cases:

• An application for Restoration of Status can be submitted (within 90 days after the permit period expires)

• The status may be maintained if a reasoned statement and a valid excuse are provided.

However, this applies only in cases of one-off violations and if clearly justified. Otherwise, the "good faith" assessment will result in a negative outcome.

5. Methods of Protecting Students' Rights

a. Conducting the Administrative Process with a Lawyer

When an immigration violation is detected, the student must contact a lawyer as soon as possible to prepare appeal and defense statements to the IRCC or CBSA. Otherwise, if no appeal is filed within 90 days, the decision becomes final.

b. Federal Court Review

In some cases, CBSA decisions are subject to Federal Court review. The time limit for filing a court application varies from 15 to 60 days, depending on the type of action. Proving that the action was disproportionate is particularly important in cases such as fraud or work permit violations.

c. International Students Unit Support

Many universities and DLIs have established dedicated offices to inform and guide international students regarding such violations. Students can submit documentation regarding academic excuses or absences from school by consulting their educational institution.

6. Common Examples of Violations

7. Immigration Violations in Judicial Decisions

The following points are particularly highlighted in the decisions of the Federal Court and the IRB:

• Detection of intent (mens rea),

• The immigration authority's obligation to provide warning,

• Statements that violate the principle of honesty,

• The distinction between the responsibility of the educational institution and the negligence of the student.

Example: Singh v. Canada (2019 FC 211) decision, the student's unintentional application error was deemed not intentional, and he was granted the right to regain his status.

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Conclusion and Evaluation

Student status in Canada carries significant responsibilities. Under immigration law, students are judged not only on their academic achievements but also on their compliance with immigration regulations. Loss of status, deportation, or re-entry bans directly impact a student's future in Canada. Therefore, every student should carefully monitor their permits, be mindful of their obligations, and seek legal assistance when necessary.

Gamze Akbulut, Law Faculty Student