Rampant immigration fraud unlikely, say local experts in the wake of Montreal fake marriage scam

For better, for worse â€" or till immigration fraud do us part.

While Quebec RCMP gear up to charge what’s expected to be more than 600 suspects in an alleged fake wedding scam, a Vancouver expert says immigration fraud by way of saying ‘I do’ isn’t as common as we might think.

“Marriage scams ... are not a super common occurrence so any sort of major policy changes would have a more adverse effect on a larger credible population than it would on those who are trying to find a loophole in an otherwise good system,” said Simon Fraser University’s Josh Labove. The Vancouver-based PhD student is currently researching Canada/U.S. border politics with a focus on marriage of convenience immigration politics from the mid-’90s to present.

According to a federal survey of some 2,350 Canadian respondents, about 11 per cent of participants self-identified as victims of marriage fraud but it’s unclear how many more individuals might be linked to those cases.

On average, B.C. welcomes some 42,000 new immigrants each year. Some 10,100 immigrations in 2010 fell under the family class category â€" about 24.6 per cent of that year’s immigration.

Although the Quebec investigation is significant, Labove notes the 630 individuals expected to be charged are likely all linked to a fraud immigration consultant or agency, and not independent cases.

“I’m not convinced, from the research I’ve seen, that we have large scale coast-to-coast immigration fraud that warrants wholesale changes to the immigration program,” Labove said, adding it’s not that the system has loopholes â€" it’s individuals intent on manipulating the system.

Vancouver lawyer and policy analyst Richard Kurland agreed, noting there will always be people who attempt to flout the rules.

“In terms of immigration abuse, it’s a constant cat and mouse game,” Kurland said, noting changes to immigration already spearheaded by Immigration Minister Jason Kenney earlier this year will make it easier to weed out abusers of the system.

“The question is, in the barrel, how many bad apples are there? What’s clear is that the new ... rules will make it easier to see the bad apples and get them out of the barrel faster,” he said.

Labove and Kurland’s comments come after Quebec RCMP announced charges Tuesday in connection with a fake marriage scam in Montreal. The scam was uncovered as a part of Project Conjugal, an ongoing investigation into the legitimacy of about 315 suspicious marriages that took place between 2007 and 2009.

Some 78 charges were laid against 39 individuals, the first batch among hundreds of people allegedly involved in a scam in which Canadian women married in exchange for money so that their North African “husbands” could stay in the country. The charges include misrepresentation and procuring feigned marriage.

This first group of 39 people, out of a total of 630 people to be charged under Operation Conjugal, are to appear in court Oct. 16.

Among those being charged is Amadou Niang, 56, who police say is a bogus immigration consultant and the mastermind behind the scheme. Niang appeared briefly in Montreal court Tuesday and is to return Oct. 23. His lawyers said there may be a plea bargain.

The RCMP allege that Niang, a Canadian citizen, provided advice on “how to submit misrepresented facts to Citizenship and Immigration Canada to people whose visas were due to expire.”

“Specifically, he organized fake marriages with the assistance of accomplices to allow these individuals originating from North Africa to remain in Canada,” the statement says.

Niang already appeared in Quebec Court in March to face 42 related charges, including offences under the Immigration and Refugee Protection Act.

â€" with a file from Montreal Gazette

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