Asylum Claims By International Students In Canada Now At Record High

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Last Updated On 15 November 2024, 9:27 AM EST (Toronto Time)

There has been a dramatic surge in asylum claims by international students in Canada, setting a new record in 2024.

According to new federal immigration data, international students submitted nearly 14,000 asylum claims between January and September 2024.

This figure surpasses the total for 2023, which saw almost 12,000 claims, and marks a stark contrast to the 1,810 claims recorded in 2018.

This has sparked intense scrutiny and raised questions about the integrity of Canada’s immigration and asylum system, with Immigration Minister Marc Miller himself calling on the role of third-party immigration consultants in allegedly counselling students to file false claims.

Most of this surge has resulted from loopholes in the system as well as increase in temporary residents in Canada, and now it may increase further with Canada reducing the annual immigration targets.

Concerned about the sharp rise in student asylum claims, Minister Miller labeled many of them as “mostly false” and driven by outside advice.

“It is quite obvious someone that’s been here a year or more, claiming asylum where no conditions have changed in their home country – it doesn’t smell good, it doesn’t look good,” Miller stated.

He emphasized that the misuse of the asylum system undermines its purpose of providing protection to those genuinely in need.

Reports suggest that unscrupulous immigration consultants are charging exorbitant fees, often exceeding $7,000, to assist students in filing asylum claims.

In some cases, these consultants abandon their clients midway, leaving them in limbo.

The alleged scheme exploits a loophole that grants work authorization to asylum seekers while their claims are processed, allowing some students to stay and work in Canada indefinitely.

From January to September 2024, the following institutions reported the highest number of asylum claims:

Conestoga College (Kitchener, Ontario): 520 claims
Seneca College of Applied Arts and Technology: 490 claims
Niagara College Canada: 410 claims

The top source countries for these claims are India, Nigeria, Ghana, Guinea, and the Democratic Republic of Congo, highlighting a trend of students from specific regions seeking alternative pathways to remain in Canada.

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Observers and policymakers have proposed several measures to curb the misuse of the asylum system:

Automatic Disqualification for Permit Holders: Students on study or work permits could be barred from filing asylum claims if their existing permit is expiring within 3-4 months.
Time-Limited Asylum Filing: Requiring asylum applications to be submitted within 24 hours of entering Canada, with late claims directed to points of entry (POEs) for processing.
Enhanced Screening at POEs: Deploying officers to verify the legitimacy of asylum claims before granting entry.

While these measures may increase administrative costs, proponents argue they would reinforce the integrity of Canada’s immigration system and discourage misuse.

Minister Miller has formally requested the College of Immigration and Citizenship Consultants (CICC) to investigate licensed consultants allegedly advising students to misrepresent themselves.

In a letter addressed to CICC President John Murray, Miller highlighted that such actions could violate Section 12 of the Code of Professional Conduct for Licensees, which prohibits encouraging dishonesty or fraud.

Excerpt from Minister Miller’s Letter:

He wrote, “I would like to raise an important and concerning issue of which I am sure you are aware: the growing number of international students claiming asylum in Canada. I am concerned by reports that some of these students are being counselled by third parties to do so and to provide false information.”

“Canada is dedicated to aiding individuals in need of protection. However, counselling asylum seekers to misrepresent themselves to remain in Canada or seek permanent residence would be contrary to the objectives of Canada’s immigration system.”

The minister also urged the CICC to partner with Immigration, Refugees and Citizenship Canada (IRCC) to address the issue and remind licensees of their ethical obligations.

The surge in temporary residents, including international students, has fueled broader debates about their impact on Canada’s housing market and social services.

Critics argue that increased asylum claims add to these pressures, straining resources meant for genuine refugees and vulnerable populations.

“Students filing false claims are not just gaming the system; they’re adding to the challenges faced by local communities,” said a spokesperson for a Canadian immigration watchdog.

Public opinion on the issue is divided. While many sympathize with the plight of international students facing uncertain futures, others demand stricter controls to prevent abuse of the asylum system.

Advocacy groups have also highlighted the need for improved transparency and oversight in the role of immigration consultants.

As the federal government grapples with this unprecedented rise in these claims, Minister Miller has emphasized the importance of protecting the integrity of Canada’s immigration and asylum systems.

With potential reforms on the horizon and investigations underway, the coming months could see significant changes aimed at addressing the issue.

For now, the record-breaking asylum claims underscore the urgent need for a balanced approach that safeguards Canada’s humanitarian commitments while preventing exploitation of its immigration pathways.

Kamal Deep Singh, RCIC

Kamal Deep Singh, RCIC (Regulated Canadian Immigration Consultant) licensed by CICC (formerly known as ICCRC) with member number R708618. He brings extensive knowledge of immigration law and new changes to rapidly evolving IRCC.