Court Denies Indian Student $15K Refund in Immigration Scam

Author: Azadeh Haidari Author: Azadeh Haidari-Garmash, RCIC

Ritik Sibbal lost his Canadian dreams and $15,000 to an immigration fixer who promised fake documents but delivered nothing except broken promises and legal troubles.

On This Page You Will Find:

  • How a desperate student fell victim to a $15,000 immigration scam in Alberta
  • Why courts won't help victims recover money from illegal immigration contracts
  • The dangerous path from legitimate work permits to fake refugee claims
  • Warning signs that could have saved this student from financial ruin
  • What this ruling means for other international students facing similar situations

Summary:

When Ritik Sibbal's work permit was about to expire, desperation led him to pay $15,000 to an immigration fixer who promised to secure his future in Canada. The money vanished, the promised documents never came, and when Sibbal took his case to court, he discovered a harsh reality: illegal contracts offer no legal protection. Alberta's Court of Justice ruled that both men were "equally at fault," leaving the Indian student with no recourse and highlighting the dangerous world of immigration fraud that preys on vulnerable international students.


🔑 Key Takeaways:

  • Courts will not enforce illegal immigration contracts, even when victims lose money
  • Students desperate to stay in Canada are prime targets for immigration scammers
  • Verbal agreements with immigration fixers provide zero legal protection
  • Fake refugee claims and fraudulent job offers carry serious legal consequences
  • Rural immigration programs face increasing scrutiny and sudden closures

Ritik Sibbal thought he had found his lifeline. With just six months left on his post-graduate work permit and his dream of Canadian permanent residency slipping away, the Indian student was willing to pay almost anything to stay in the country his father had always envisioned as their family's future.

That desperation cost him $15,000 and taught him a brutal lesson about Canada's legal system: when you enter into an illegal contract, the courts won't help you get your money back – even when you're clearly the victim.

The Perfect Storm: When Dreams Meet Desperation

Sibbal arrived in Canada in April 2019 with a clear plan. He would attend business college in Vancouver, graduate, and use his three-year post-graduate work permit to establish himself before applying for permanent residency. For years, everything went according to plan.

But by early 2024, with his work permit set to expire in August, Sibbal found himself in the nightmare scenario that haunts thousands of international students across Canada. Despite having multiple job opportunities in Grande Prairie – a northwestern Alberta city he'd moved to specifically because it was considered "rural" and potentially offered easier immigration pathways – none of his employers could provide the documentation he needed.

The clock was ticking, and Sibbal was running out of options.

Enter the Fixer: When Desperation Meets Opportunity

After calling several immigration lawyers in Edmonton, Sibbal was directed to Rajiv Chourhary Nathyal in Grande Prairie. What happened next reads like a textbook case of immigration fraud, complete with cash payments, no written contracts, and promises that seemed too good to be true.

Nathyal's offer was straightforward: for $35,000, he would secure Sibbal a letter of endorsement from the City of Grande Prairie. These letters support foreign nationals' job offers and permanent residence applications under specific immigration programs. It was exactly what Sibbal needed.

But there was a catch – and Sibbal knew it. Nathyal planned to tell city authorities that he would employ Sibbal, even though this was completely false. Both men understood they were entering into what Sibbal later described in court as an "illegal" contract.

"Sibbal had no choice but to agree to the offer as his work permit was soon to expire and it was his father's dream for him to obtain permanent residency in Canada," Justice Susanne Stushnoff noted in her November 7 decision.

The $15,000 Gamble: Cash, No Receipt, No Protection

In February 2024, Sibbal handed over $15,000 in cash as a down payment, with the remainder to be paid in installments. True to the shadowy nature of their agreement, Nathyal refused to provide a receipt and wouldn't put anything in writing.

For months, Sibbal heard nothing despite repeated attempts to contact Nathyal. When he finally got through, he was told to "wait a few more weeks." The pattern continued until July 2024, when Nathyal delivered the devastating news: Grande Prairie had refused the letter of endorsement.

But instead of returning the money as allegedly promised, Nathyal suggested an even more dangerous path forward.

From Bad to Worse: The Fake Refugee Proposal

When legitimate options failed, Nathyal's solution revealed the true depths of immigration fraud. He advised Sibbal to pursue a "fake refugee case" – a suggestion that could have destroyed any chance Sibbal had of ever legally immigrating to Canada.

Fortunately, Sibbal's parents intervened with wise counsel, advising their son to avoid this dangerous path. When Sibbal refused the refugee scheme and asked about alternative options like a Labour Market Impact Assessment, Nathyal quoted another $35,000 to $40,000.

It was then that Sibbal realized he had been completely scammed. His requests for the return of his $15,000 were met with delays, excuses, and eventually silence. The last communication came on September 12, 2024, when Nathyal texted that he hadn't received some unspecified payment he was waiting for.

The Court's Harsh Reality: No Clean Hands, No Relief

When Sibbal took his case to Alberta's Court of Justice, he likely expected some measure of justice. After all, he was clearly the victim of fraud, and Nathyal didn't even bother to defend himself in court.

Instead, Justice Stushnoff delivered a lesson in legal principles that left Sibbal with nothing.

"Although Sibbal framed his pleadings and testimony in a way that cast a sympathetic light upon him, I find that Sibbal was a willing buyer and Nathyal was a willing seller," the judge wrote. "The two men were equally at fault in these circumstances."

The court applied the "clean hands" doctrine, which prevents people from seeking legal relief when they've participated in illegal activity themselves. Even though Sibbal was desperate and arguably more victim than perpetrator, his knowing participation in the fraudulent scheme barred him from recovery.

The Bigger Picture: Protecting Canada's Immigration System

Justice Stushnoff's decision reflects broader concerns about immigration fraud and the integrity of Canada's system. Her ruling emphasized that courts have a responsibility to preserve legal system integrity and prevent the "monetization of Canada's immigration system."

The judge specifically noted that submitting fake job offers, providing advice to do so, and charging fees beyond those permitted by legislation all violate Canada's immigration laws and undermine system integrity.

This case came at a particularly relevant time. Grande Prairie had paused its Rural Renewal Stream Immigration program in February 2024, citing "federal and provincial immigration policy changes that have lowered immigration allocation spaces throughout the province."

Warning Signs Every International Student Should Know

Sibbal's case offers crucial lessons for other international students facing similar pressures:

Red flags that should trigger immediate alarm:

  • Requests for large cash payments with no receipts
  • Refusal to provide written contracts or documentation
  • Promises that seem too good to be true or too easy
  • Suggestions to lie to government authorities
  • Pressure to act quickly without proper research
  • Advice to pursue fake refugee claims or fraudulent applications

What Sibbal could have done differently:

  • Consulted with licensed immigration lawyers earlier in the process
  • Researched legitimate pathways through official government channels
  • Refused any arrangement involving deception or fraud
  • Insisted on written agreements and proper documentation
  • Sought second opinions before making large payments

The Emotional Toll: Dreams Deferred, Futures Uncertain

Behind the legal technicalities lies a human story of dashed dreams and financial ruin. Sibbal, described by the judge as "poised," "smart," and "articulate," was motivated by an "authentic desire to become a permanent resident of Canada" and his father's dreams for their family's future.

The court record shows that Sibbal has since returned to India, his Canadian dreams effectively over and his $15,000 gone forever. His case serves as a stark reminder of how immigration fraud doesn't just steal money – it destroys lives and futures.

A System Under Pressure: The Broader Immigration Context

Sibbal's story reflects the immense pressure facing Canada's immigration system and the international students within it. With post-graduation work permits offering limited time to secure permanent residency, students often find themselves in desperate situations as deadlines approach.

This desperation creates a perfect environment for fraudsters like Nathyal, who prey on vulnerable individuals willing to pay almost anything to achieve their dreams. The recent pause of Grande Prairie's immigration program suggests these pressures are only intensifying as immigration pathways become more competitive and restricted.

Lessons for the Future: Protection Through Education

While Sibbal's case ended in disappointment, it offers valuable lessons for preventing similar tragedies. The key is education and early intervention – helping international students understand their options and the legitimate pathways available to them before desperation sets in.

Students facing similar situations should immediately consult with licensed immigration lawyers, explore all legitimate options through official channels, and never, under any circumstances, participate in fraudulent schemes that could permanently bar them from Canadian immigration.

The harsh reality is that while Canada may be built on the dreams of immigrants, those dreams must be pursued through legal channels. As Justice Stushnoff noted, "one of the elements that makes Canada such a desirable place to live is its legal system" – a system that, while sometimes unforgiving, ultimately protects the integrity of the immigration process for everyone.

For international students currently in Canada, Sibbal's story serves as both a warning and a call to action: seek help early, verify credentials carefully, and remember that if an immigration solution seems too easy or too good to be true, it probably is.


Azadeh Haidari-Garmash

VisaVio Inc.
Read More About the Author

About the Author

Azadeh Haidari-Garmash is a Regulated Canadian Immigration Consultant (RCIC) registered with a number #R710392. She has assisted immigrants from around the world in realizing their dreams to live and prosper in Canada. Known for her quality-driven immigration services, she is wrapped with deep and broad Canadian immigration knowledge.

Being an immigrant herself and knowing what other immigrants can go through, she understands that immigration can solve rising labor shortages. As a result, Azadeh has over 10 years of experience in helping a large number of people immigrating to Canada. Whether you are a student, skilled worker, or entrepreneur, she can assist you with cruising the toughest segments of the immigration process seamlessly.

Through her extensive training and education, she has built the right foundation to succeed in the immigration area. With her consistent desire to help as many people as she can, she has successfully built and grown her Immigration Consulting company – VisaVio Inc. She plays a vital role in the organization to assure client satisfaction.

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