Here are the recent Tribunal Actions by the College. Visit the Disciplinary Proceedings and Tribunal page to view the full decisions.
• Xiaoxue Yu, of 51 Immigration Ltd., in Edmonton, Alberta, had their licence suspended following findings of professional misconduct by the Discipline Committee. The committee found the RCIC engaged in job selling by advertising and offering employment in Canada in exchange for substantial fees. The RCIC knowingly allowed an unlicensed individual to provide immigration consulting services and advice, failed to properly supervise staff and agents, failed to register agents and business entities as required, engaged in misleading marketing and advertising, failed to protect a client's confidential information and made false or misleading statements during the College’s investigation. The committee found the RCIC paid referral fees to an unregistered marketing company and failed to comply with the College’s regulatory requirements. The RCIC entered into an Agreed Statement of Facts and Joint Submission on Penalty with the College related to their admissions and violations. The RCIC is ordered to serve a 5-month suspension, complete 3 Practice Management Education courses and pay a fine of $5,000.
• Vinay Sachdeva, of Growing Globe Immigration Inc., in Mississauga, Ontario, had their licence permanently revoked following findings of professional misconduct by the Discipline Committee. The committee found the RCIC failed to properly supervise their immigration consulting practice during a period of rapid business expansion, resulting in systemic deficiencies giving rise to multiple complaints. The RCIC guaranteed LMIA-based work permit approvals, promised refunds that were not honoured, collected fees while providing little or no corresponding services, failed to communicate adequately with clients, engaged in dual representation without obtaining informed written consent, mismanaged business immigration applications and improperly delegated regulated immigration work without adequate oversight. The RCIC entered into an Agreed Statement of Facts and Joint Submission on Penalty with the College related to their admissions and violations. The RCIC was revoked and is ordered to pay a fine of $10,000 and costs to the College in the amount of $10,000.
• Mala L N Sharma-Singh, of Sharma-Singh Immigration Inc., and Reati Ray Sivanand Singh, of Ray Singh Immigration Services Inc., in Ramara, Ontario, responded to a motion filed by the College seeking to consolidate 6 complaints into a single adjudicative proceeding with Mr. Singh only joined as party in 1 of the complaints. The College submitted that consolidating the complaints into 1 proceeding would be the most efficient, proportionate and fair means to adjudicate the complaints as the complaints involve the same or substantially similar questions of fact, law or policy. Consolidation will enhance procedural efficiency, minimize the risks of the Tribunal making conflicting findings of fact, law or policy and reduce litigation costs for all parties. Both RCICs’ position was they do not agree with the allegations that are against them or the consolidation of the complaints into 1 proceeding. The committee granted the motion for all 6 complaints to be consolidated and considered by the Discipline Committee in a single proceeding.
• Loujin Khalil, of L.M.R.T. for Immigration Services Inc., in Montreal, Quebec, filed a motion seeking to strike the Notices of Referral that initiated the disciplinary proceedings on the basis that the reasons given by the Complaints Committee for its decision to refer these matters to the Discipline Committee under s. 57(1) of the College of Immigration and Citizenship Consultants Act were inadequate. The Discipline Committee dismissed the motion and found the complaints were properly referred under s. 57(1) of the Act to the Discipline Committee by the Complaints Committee and that the Discipline Committee has jurisdiction to continue to hear and determine the complaints. Costs for the motion are assessed against the RCIC in the amount of $6,500 payable on the conclusion of the final determination of these matters.
• Loujin Khalil, of L.M.R.T. for Immigration Services Inc., in Montreal, Quebec, filed a motion seeking 2 orders: to change the format of the proceeding from written to oral adjudication and for the Discipline Committee to exercise its summons power to compel 6 named individuals to attend and give oral evidence under oath subject to cross-examination. The RCIC submits the written adjudication would be unfair and not allow for immediate questions and answers from witnesses, that each complainant’s account must be tested, and on the issue of summons, that it must be allowed in order to compel witnesses’ participation in the hearing. The College opposed the motions indicating that written adjudication as per the Tribunal Rules occurs routinely by default and there is no unfairness in the process and submits that the power to summon should be directed to the hearing panel. Both motions were dismissed as the RCIC did not establish significant unfairness in the written adjudication process and the request for a summons was deemed premature. Costs for the motion in the amount of $2,500 is awarded to the College, payable after the final determination of these matters.