Rise in Asylum Claims Among International Students: A Warning on Misguided Advice

The number of asylum claims in Canada has surged dramatically since 2021, with 2024 seeing a significant rise, as reported by the Canada Border Services Agency (CBSA). Unfortunately, international students are increasingly implicated in this trend, with unethical practices by certain colleges and legal advisors being identified as contributing factors.

While not all asylum claims by international students are illegitimate, a concerning pattern has emerged where some students are misguided into applying for asylum as a means to remain in Canada. This article explores the reasons behind this trend, its consequences, and advice for international students navigating their immigration options.

Several factors are fueling the rise in asylum claims among international students:

• Policy Changes: Previously open immigration pathways for individuals with legitimate refugee status have been restricted, pushing students to consider asylum as an alternative.
• Unethical Practices: Certain educational institutions and legal advisors are exploiting international students, providing poor advice for personal gain.
• Student Decisions: Some students, perhaps due to lack of awareness or desperation, are submitting asylum claims without fully understanding the implications.

It’s crucial to highlight that applying for asylum is not an easy or guaranteed route to stay in Canada. If a claim is deemed unfounded or fraudulent, it can have long-term repercussions, including bans from reapplying under other immigration programs.

Institutions Linked to High Asylum Claims

Recent data highlights specific institutions associated with higher asylum claim rates among international students:

Top 10 Institutions by Number of Claims (2024)

• Conestoga College
• Seneca College
• Niagara College
• Cape Breton University
• University of Quebec at Chicoutimi
• CIMT College
• Centennial College
• College Ellis Campus Trois Rivières
• Laval University
• Canadian Career Education College

Institutions with High Asylum Rates

According to Policy Options, some institutions reported asylum rates exceeding 30%, including:

• Canadian Technology College Inc. (71%, no longer designated)
• Innovations in Business Solutions Inc. (no longer designated)
• Trebas Institute Ontario Inc.
• Maple Leaf Academy
• DEA Canadian College

These findings underline the need for prospective students to thoroughly vet institutions and advisors before enrolling or seeking advice.

The Risks of Unfounded Asylum Claims

Claiming asylum without a legitimate basis is fraught with risks:

• Prolonged Uncertainty: Canada’s Immigration and Refugees Board (IRB) is burdened with a backlog of nearly 250,000 pending asylum applications as of September 2024. This delays resolution and leaves applicants in limbo.
• Severe Penalties: Claims involving misrepresentation can result in a five-year ban from applying under other immigration programs, including potential future pathways like TR-to-PR (Temporary Resident to Permanent Resident).
• Policy Shifts: Immigration Minister Marc Miller has hinted at reforms that may expedite rejections of unfounded claims, further discouraging such applications.

Advice for International Students

International students considering their options should:

• Seek Legitimate Advice: Consult licensed and ethical immigration consultants or legal advisors.
• Explore Alternative Pathways: Consider other available immigration routes, such as work permits or family sponsorship programs, before resorting to asylum.
• Apply Only if Genuine: Asylum should only be pursued if there is a legitimate fear of persecution that meets the criteria for refugee status.

The rise in asylum claims among international students reflects a complex interplay of policy changes, exploitation, and individual decisions. While Canada remains a top destination for education and immigration, students must exercise caution and make informed choices to avoid pitfalls.

Ethical practices from advisors and institutions, alongside careful planning by students, are key to ensuring that Canada’s immigration system continues to operate fairly and effectively.