Ottawa asks court to dismiss 430 immigration cases alleging use of unauthorised agents
The federal government has asked the Federal Court to throw out 430 mandamus applications, saying files show identical wording and shared contact details that indicate unauthorised representation.
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By Torontoer Staff
The federal government has asked the Federal Court to dismiss 430 immigration-related mandamus applications en masse, arguing the filings show signs they were prepared by unauthorised representatives. The motion, filed last month, says the applications share nearly identical wording and the same contact information despite being presented as self-represented.
The applicants, mostly Chinese nationals seeking study, work or visitor permits, asked the court to order faster processing of their files. Ottawa is not contesting that some applicants faced long delays, it says, but it wants the cases struck because of alleged misrepresentation to the court.
What the government says it found
Government lawyers analysed Immigration, Refugees and Citizenship Canada records from January 2023 to November 2025 and concluded the 430 mandamus applications shared the same home addresses, phone numbers and email accounts. The motion argues those commonalities and the consistent format, style and phrasing point to one or more unauthorised people acting on behalf of the applicants.
- Applications used nearly identical language and templates
- Contact details repeated across dozens or hundreds of files
- Applicants claimed self-representation despite shared contact information
- Some applicants reported waits measured in hundreds of days
In this case, the evidence supports the (government 27s) position that an unauthorized person or group of persons is acting on behalf of the Applicants. Doing so would promote the just, most expeditious and most economical resolution of the issues.
government motion
Who the applicants are and what they asked the court to do
The applicants sought mandamus orders, which ask the court to compel immigration officials to act on applications that are taking an unreasonable time. Cases include people waiting for visitor, study or work permits. One example cited in reporting involved a 498-day wait for a visitor visa.
By law, individuals in Federal Court must either represent themselves or be represented by a licensed lawyer or an authorised representative. The government says these files contain false statements about representation and therefore should be dismissed for irregularity, not on the merits of any processing delay.
Lawyers, regulators and the 'ghost agent' problem
Immigration lawyers and regulators have for years warned about unauthorised consultants who prepare applications without credential or oversight. These so-called ghost agents often work behind the scenes, leaving applicants exposed to poor advice, fraud and denied claims if problems are discovered.
What 27s very interesting is that the Department of Justice is not referencing the boilerplate language to try to attack the substance of the applications. They 27re just using it to show it 27s got to be a single person who prepared all of these applications.
Max Berger, immigration lawyer
Lawyer Jing Yang, who has represented some applicants caught in the review, said unauthorised agents often operate within cultural communities and contribute to lower-quality filings that add to immigration backlogs. She warned that applicants bear the consequences when representation is improper or unlicensed.
Applicants and litigants don 27t know if the people they use are legally trained and if they are licensed or regulated. The applicants are the ones who pay the price if something goes wrong.
Jing Yang, immigration lawyer
Court workload and previous enforcement actions
Immigration-related cases have multiplied at the Federal Court, rising from 7,782 new proceedings in 2019 to 24,667 in 2024, with 21,581 recorded in the first nine months of 2025. The growth has increased pressure on the court and lengthened wait times for hearings.
Last year the government successfully consolidated and quashed proceedings by 31 Cameroonian applicants whose filings contained identical passages and identical contact details. The court ordered several applicants to pay costs in that matter.
Policy response and what comes next
The Immigration Department said it has proposed regulatory changes that would impose monetary penalties of up to $1.5 million against unauthorised practitioners and those involved in misrepresentation. The proposals would also allow the department to publish names of sanctioned individuals, and the rules are expected in 2026.
The government is dedicated to protecting prospective newcomers from those who try to take advantage of them.
Immigration Department statement
For now, the Federal Court must decide whether to grant the government 27s motion to consolidate and dismiss the 430 applications. If the court accepts the motion, applicants who may have legitimate claims about unreasonable delays could see their cases disposed of without a merits hearing, unless the court allows exceptions.
The dispute highlights tensions between curbing fraud and ensuring access to remedies for applicants who face long processing times. The court 27s decision will affect how the legal system treats large clusters of similar filings and how authorities respond to unauthorised immigration consultants moving forward.
immigrationFederal Courtunauthorised agentsmandamuspolicy
