Burnaby woman calls on federal government to take action on marriage fraud

By Erin Hitchcock

Staff Reporter

"Our Immigration needs to look into this act and enforce it. I do not understand why they are not acting on their act," said Burnaby marriage fraud victim Shajila Singh, who was joined by Women Against Abusive Sponsored Spouses founder Sally Santiago and friend and supporter Anne Jamieson.

Section 4 of Division 2 of the Immigration and Refugee Protection Regulation says "no foreign national shall be considered a spouse, a common-law partner, a conjugal partner or an adopted child of a person if the marriage, common-law partnership, conjugal partnership or adoption is not genuine or was entered into primarily for the purpose of acquiring any status or privilege under the act."

Melanie Carkner, spokesperson for Citizenship and Immigration, said she couldn't comment on Singh's or Santiago's cases due to privacy laws. She said sponsors are "advised of the seriousness of the sponsorship application. It is also a legally binding commitment."

She said that, if people could get out of a sponsorship agreement by claiming marriage fraud, that money would never be collected because everyone would claim it.

"As long as they are in Canada, the sponsor is responsible for the person," she said, adding that all allegations of fraud are investigated.

She said she had no information as to how many cases are looked into and how they are handled.

Santiago said the government has refused to answer her as to why the act is not being implemented.

"There is an act with Immigration. It's already there. Something can be done, and it's up to Immigration to act on that act."

Singh said many victims are still afraid to come forward and voice their experiences to the public and the media.

"People who are victims don't feel comfortable coming out. People feel ashamed."

Santiago and Singh have written 10 letters to various government officials, including Citizenship and Immigration Minister Monte Solberg, who has written back to other marriage fraud victims.

Singh has a copy of a letter from Solberg, who wrote to a victim that "spouses who have entered into marriage for the purpose of a gaining admission into Canada are not eligible for sponsorship. Visa and Immigration officers look for signs that this is being attempted. It is also possible to report and remove persons, if we can show they have gained admission to Canada by misrepresentation."

Solberg would not respond to the NOW's request for an interview, and Carkner wouldn't comment on the letter.

Both Singh and Santiago have had to pay their ex-husbands thousands of dollars because they signed a sponsorship agreement that makes them responsible for their husbands for three to 10 years.

When Singh met her husband, she wasn't ready to get married.

But, she said, he then raped her and, because of her culture, she felt ashamed. She felt she had no choice but to marry her abuser.

After they married, he forced her to sign the agreement.

"After I sponsored him, I found out there were a lot of lies," Singh said.

She found out he was on a removal order, had a girlfriend and was collecting social assistance. Realizing it was a sham marriage, she contacted the authorities.

She said they told her she had no right to stop him from collecting assistance.

After four years of marriage, the two got divorced and she started to move on with her life. Then she received a letter stating she owed $27,000 for her husband and a lien was put on her house.

She said that if the sponsorship agreement didn't exist, she never would have met her ex-husband.

"I would have not gone through a sexual assault," Singh said. "The government must accept blame for these errors. We need supporters to help us get some justice."

Santiago, also a victim of marriage fraud, said she wants her ex-husband deported.

"I want this guy out. He is not supposed to be here," Santiago yelled at the rally.

She married him in 1998. Shortly after she sponsored him, she said, he severely abused her and threatened to kill her. She called the police and was told nothing could be done.

She found out he had forged documents, including a fake clearance from the Canadian Embassy to get into the country.

She has had to pay more than $32,000 for her ex-husband. Two years are left on the sponsorship agreement.

"They are not doing anything about my case," Santiago said. "No person should be allowed to stay in Canada if they are using their sponsors to stay in Canada."

Singh said she hopes the rally will bring their message not only to the government but also to the rest of Canadians.

Singh said it is not just minority women who have been affected but women and men of all races. She said it's important for the government to realize this issue affects all Canadians.

New Westminster resident Janyan (not her real name) is still married to the man she believes used her to get into Canada. She wishes to remain anonymous.

Her parents had been pressuring her to marry. She met a man who was attractive and charming.

"I told my mom, 'Maybe someone like him.'"

Janyan wanted to get to know him better, but her family pressured her, saying, "You're not going to marry anyone else."

They got married in 2005 and she went back to Canada from Bangladesh to sponsor him. He arrived in February.

She began to wonder if he was only marrying her to get into the country. When she confronted him, he got angry and defensive.

He spoke little English and had difficulty finding work. In June, he found a part-time job at a gas station. Janyan wasn't working and the two were living with her parents. Her husband started to pressure her to send $1,000 a month to his mother in Bangladesh, but Janyan couldn't afford to as she was not working herself.

She said to him, "I'm your wife. If my parents weren't here, we'd be out on the streets."

She got home from an appointment one day and there was a letter waiting for her from him saying he left to Singapore.

"That night he called me back and says he's sorry."

He was calling from Montreal and wanted her to send him money so he could book a ticket back home.

She booked him the ticket online and he immediately hung up on her.

"This guy is a professional at lying," she said.

"He started fighting with me and arguing with me. He was really angry with me. I experienced physical abuse from him. He threatened to kill me. I was crying. He decided to put his hand on my throat and choke me."

He took off and came home several times within weeks, before leaving for good on Aug. 16.

He woke her up and said, "You are dead if you come between my mom and my (immigration) papers."

He took his clothes, her jewelry, insurance money and pocket money.

She later found out from his friend that he married her to get into the country.

She hasn't seen him since.

"The thing about him, you'll think he's such a nice guy. He has that innocent look.

"This is how good this guy is. He's basically a con-artist."

When she called his mother in August, she said to Janyan, "I got what I wanted," and hung up the phone.

Janyan said there is a B.C. warrant out for his arrest and believes he might be in Calgary.

For more information on marriage fraud, visit www.shajila.com or www.stopmarriagefraud.ca or e-mail Santiago at deportation2003@

shaw.ca.

ehitchcock@burnabynow.com

published on 10/11/2006