Huang v. Canada (The Minister of Public Safety & Emergency Preparedness) 2018 CanLii 54739 (CA IRB)
 

Frederick Y-F Li, Lead Counsel
 

Case Commentary:
 

"This Decision is dedicated to the memory of the late Bruce Li and Dr. Christopher Cheung"
 

This case was a Removal Order Appeal before the Immigration Appeal Division at the Immigration & Refugee Board of Canada.  We were successful in having the appeal allowed for the Appellant who was an ex-client of an unlicensed Immigration Consultant by the name of Xun “Sunny” WANG and his companies, New Can (Canada) Consultants Ltd. (“New Can”) and Wellong International Investments Ltd. (“Wellong”).
 

In October 2014, Sunny Wang, his companies New Can & Wellong and his associates made international headlines and were charged with 15 Counts of contravening the Immigration & Refugee Protection Act and Regulations, the Criminal Code and the Income Tax Act.  These violations stem from a series of counselling over 1200 clients to misrepresent on various immigration applications, submitting falsified documents, forging and obtaining fraudulent travel documents and tax evasion.  Sunny was fined over $900,000, served a 7-year sentence in prison and has been granted parole . This case depicts the largest immigration fraud in Canadian history.
 

As a result of the actions of Sunny and New Can, majority of their clients either knowingly participated in their own misrepresentation or fell victim to dishonest antics.  Some examples of Misrepresentation where his ex-clients knowingly participated in were:
 

• Reporting falsified time spent in Canada in order to meet their residency obligations;

• Use of a fraudulent passport as a tool to claim time spent in Canada when in reality it is fallacious;

• Misrepresenting on permanent residence applications through the use of a fictitious Employer that were applied through a Provincial Nominee Program or Federal Skilled Worker Programs;

• Creating fictitious companies to facilitate fraudulent business immigration applications.
   

For further details of Sunny and New Can’s background story, please refer to the websites noted below:
 

http://www.cbc.ca/news/canada/british-columbia/xun-wang-sentence-1.3285937
 

http://www.cbc.ca/news/canada/british-columbia/fake-job-fake-education-fake-residency-15-clients-of-fraudulent-immigration-scheme-deported-1.3886719
 

http://nationalpost.com/news/canada/how-a-b-c-man-pulled-off-one-of-the-most-sophisticated-immigration-frauds-in-canadian-history
 

http://www.scmp.com/comment/blogs/article/1883085/immigration-mega-fraud-rich-chinese-immigrants-canada-who-dont-really
 

Although some of Sunny and New Can’s ex-clients have participated in their own misrepresentation, there were a vast majority of other clients who fell victim and were led to believe that the methods Sunny and New Can used were legitimate.  Even though some of Sunny and New Can's ex-clients believed they were victimized, they were still ultimately responsible for their own immigration applications and faced consequences of being removed from Canada.

 

The Immigration & Refugee Board of Canada (“IRB”) has very low tolerance for cases that involve Misrepresentation and for those who take advantage of Canada’s immigration system by unscrupulous means.  However, the IRB will take into consideration factors such as Humanitarian & Compassionate Considerations, Best Interest of Children, Establishment in Canada and any other extenuating factors to not issue a Removal Order from Canada.  We want you to keep in mind that these factors are evaluated on the highest threshold and not every case with these factors are taken into consideration by the IRB.

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