Dozen protesting Indian students deemed potentially inadmissible to Canada

Canadian border agents deemed a dozen Indian students potentially inadmissible to Canada under the country’s immigration and refugee protection law after checking the status of 20 of them at a protest in Calgary in the western province of Alberta, a Canada Border Services Agency (CBSA) spokesperson told the newspaper The Globe and Mail on Tuesday.

About 1,500 students at Calgary’s Portage College began a demonstration and hunger strike on July 24 against the retroactive rejection and cancellation of their post-graduation work permits. Hundreds of international students from India have been refused these permits because they enrolled in non-credit courses that did not provide a certificate, diploma, or a degree. The permit denial put their immigration status in limbo.

The denial followed an updated policy by Immigration, Refugees and Citizenship Canada (IRCC) that retroactively disqualified graduates of “non-credit” college programmes. IRCC is the department in charge of immigration, refugees, and citizenship.

The CBSA spokesperson told The Globe and Mail that foreign nationals admitted to Canada are unable to work or study unless authorised and are expected to depart Canada at the end of their authorised period of stay. “When the CBSA becomes aware of foreign nationals who may be inadmissible to Canada, CBSA officers will investigate and take appropriate action.”

The Globe and Mail reported that Calgary Police asked CBSA to conduct a “status check” on four people at the protest and subsequently found that two of them were not in compliance with their immigration status.

A Calgary Police spokesperson said they were called to the protest site due to complaints. “During the interaction, officers requested identification from individuals who had set up tents or other structures without a permit on city property. As a result of concerns related to the identification provided, officers contacted the Canada Border Services Agency for verification.”

Immigration lawyer Sumit Sen said such international students face the prospect of returning home after a shattered dream. He added that the question remains whether IRCC has the power to implement a rule that applies retroactively.

The presence of border agents at the protest venue was unprecedented in recent Canadian history. Videos of the CBSA agents at the site were posted on social media.

Students, who did not want to be named, spoke about the action to Hindustan Times and Red FM Calgary. The outlet Juno News reported that CBSA officers “raided” the weeks-long international student protest.

On August 12, Alberta’s Premier (equivalent of a chief minister) Danielle Smith underlined that a student visa is a temporary document. “That was always understood. Our universities and colleges were built by Alberta taxpayers, first and foremost for Alberta students. Where there is room for international students, the terms are simple. Earn your education, then return home to build a life with it.