West Vancouver mansion-owning satellite family to be deported after judge dismisses review

By ThinkPol Staff

A so-called “satellite family” from China involved in immigration fraud, who bought a multimillion dollar mansion in West Vancouver after immigrating to Canada through the Quebec investor program, are to be deported after a judge threw out the judicial review of their removal order.

49-year-old Xiao Qing Ling, her husband, and her two sons, landed as permanent resident under the Investor class for the Provincial Nominee Program for Quebec in December 2006, according to the case heard at the federal court in Ottawa[1]Li v. Canada (Citizenship and Immigration), 2018 FC 187 (CanLII), http://canlii.ca/t/hqkqk, retrieved on 2018-03-01.

On January 3, 2007, just ten days after landing, the the family returned to China, and over the next seven years, only visited Canada intermittently.

In 2011, approximately five years after first landing as permanent residents, the family applied to renew their permanent residence cards through New Can Consultants (Canada) Ltd. / Wellong International Investments Ltd, two unlicensed immigration consulting businesses offering services in Metro Vancouver, whose owners are doing jail time for industrial-scale immigration fraud[2]https://www.canada.ca/en/border-services-agency/news/2017/04/three_individualssentencedinlarge-scaleimmigrationfraudcase.html.

New Can fabricated false employment and other documents for renewing the expired PR cards for the Ling family, but they did need to use these false documents.

Immigration, Refugees and Citizenship Canada, then known as Citizenship and Immigration Canada, renewed Ling’s PR card after she falsely claimed she was absent from Canada for only 837 days.

An analysis of stamps in her passport and CBSA ICES traveller history showed that, in reality, Ling was absent from Canada for a total of 1,332 days in that five-year period.

The mother and her sons returned to Canada to live long term in 2014, but the father renounced his PR status in 2015, establishing a “satellite family”, where the main income owner lives in China while the dependants live in Canada.

In April 2016, while attempting to enter Canada from the United States, Ling was detained and interviewed by a Border Services Officer of the CBSA, who determined that she had failed to meet the residency obligations to maintain her PR status.

CBSA calculated she was absent for 1,261 days, quite substantially more than allowed in the 2011 to 2016 time frame and also concluded that Ling had directly or indirectly misrepresented herself in 2011 on her application to renew the PR cards, because she omitted dates of travel and did not properly calculate days absent from Canada.

In July 2017, she appealed the CBSA’s removal order to the Immigration Appeal Division, claiming relief on humanitarian and compassionate grounds[3]Li v Canada (Public Safety and Emergency Preparedness), 2017 CanLII 63732 (CA IRB), http://canlii.ca/t/h6cx8, retrieved on 2018-03-01.

While the IAD found that the family had “[…] positive establishment in Canada”, referring to the Applicant’s significant Canadian assets including the $8M home in West Vancouver acquired in 2014 (it and other Canadian assets are worth well over $10M), and to the fact that her children started to attend school in Canada in 2014, the division concluded that Ling’s efforts post-2014 were, “more likely than not an effort to diversify the family’s assets out of China and to demonstrate establishment in the instant proceedings.”

The IAD dismissed Ling’s appeal.

“She (and certainly her husband) are sophisticated and aware of the immigration rules, and it is simply not believable that they were innocent “victims” of New Can/Wellong,” Sterling Sunley wrote in the IAD decision. “The extent of the breach is great, and it is not significantly mitigated by any reasons given by the appellant for her departure and failure to return sooner.”

Federal court judge Henry S. Brown did not find anything amiss with the IAD decision.

“Overall, I have come to the conclusion that the Decision is justifiable, transparent and intelligible,” federal court judge Henry S. Brown wrote, dismissing the judicial review. “In addition, the Decision falls within the range of possible, acceptable outcomes which are defensible in respect of the facts and law.”

CBSA removal orders, which are stayed during judicial reviews, come back into effect if the reviews are dismissed, and those under such orders are required to leave Canada immediately.

“If you fail to appear for a removal interview or a scheduled removal date, the CBSA will issue a Canada-wide warrant for your arrest,” CBSA warns. “Once arrested, the CBSA may detain you in a holding facility before removal.”

[Photo Credit: CBSA]

References   [ + ]

1. Li v. Canada (Citizenship and Immigration), 2018 FC 187 (CanLII), http://canlii.ca/t/hqkqk, retrieved on 2018-03-01
2. https://www.canada.ca/en/border-services-agency/news/2017/04/three_individualssentencedinlarge-scaleimmigrationfraudcase.html
3. Li v Canada (Public Safety and Emergency Preparedness), 2017 CanLII 63732 (CA IRB), http://canlii.ca/t/h6cx8, retrieved on 2018-03-01

10 Responses to West Vancouver mansion-owning satellite family to be deported after judge dismisses review

  1. Asshat900 says:

    Seize all property now!

  2. Craig S says:

    Now, just do that x1000 and house prices may start to level off in Metro Vancouver and I can afford a hovel. #thatmorelikeit

  3. Joe Knacker says:

    Get out !!!

  4. nonconfidencevote says:

    A canadian judge’s ruling means nothing.
    These multi millionaires will tie this up in appeal Court for decades.
    Lawyers, appeals, endless court dates…….its the Canadian way!

    But I do like the idea of seizing ALL assets until all appeals are over.

    Methinks these “Canadians of convenience” would skeedaddle back to China if their money was threatened

    Sorry was that my cynicism rearing its fat head again?

    • Craig S says:

      Actually this is the end of the line. Dismissed judicial review means no more avenues of appeal. Supreme Court wouldn’t consider this case even if they sought leave to appeal. My guess is they’ll be taking their business elsewhere. Oz, NZ perhaps?

      • nonconfidencevote says:

        Millionaires and Lawyers can tie this up for years.
        Period.

        • Craig S says:

          If there’s some argument. This one doesn’t appear to and federal court dismissed. Appeal to SCC requires question worth certifying. Doubt we’ll ever hear from this family again. Probably already deported.

  5. nonconfidencevote says:

    I’m actually surprised this “Canadians of Convenience” havent unloaded their propertie(s) and scurried back to the homeland.
    What with single family dwelling prices and sales dropping.

    Next week should be interesting Feb sales stats come out.
    No hiding the lower house prices but Im sure the rising condos prices will skew the numbers.
    March 31st(90 days) will be the end of many potenetial buyers “locked in” loan agreements from pre B20 rules started Jan 1st.
    People that had pre approved loan agreement may not qualify for large loans.

    And then we’ll get several more interest rate increases this year.
    Should throw some cold bathwater on mortgage renewals and HELOC loans….
    Irish style meltdown……here we come.

    Im sure the realtors out there will tell their clients ” Its different here”.

    Tell that to someone who bought a house in the last year who needs to sell due to job changes, divorce, whatever.
    Their selling for less than they paid last year.
    Nice.
    Sell and STILL owe the bank money.
    Not to worry folks.
    Mr Realtor still gets his obscene commission either way.

  6. Ed says:

    This is so typical of Vancouver. It has been going on since Expo 86. Government always portrays It like they just figured it out! Money laundering in Casinos. Human trafficking. It’s no wonder every once a while there is home invasions and Asian murders. Asian gang debt collectors at work. These guy’s are Pros. They have experience with 1.4 billion people. Unbelievable that our politicians let this happen to such a beautiful place!

  7. nonconfidencevote says:

    Hmmmm.

    Vancouver housing sales down 39% from the 10 year average in Feb 2018

    https://www.bnn.ca/vancouver-home-sales-tumble-amid-mortgage-interest-rate-changes-1.1016015

    I hate to say I told ya so but……..
    Return those leased Audi while you still can my Real Estate sales commission hucksters…..the sky…..is falling.

    I cant wait for the first week of April when the dismal March sales stats will come out!

    🙂

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