A man suspected to have been involved in a gruesome murder in the United States was allowed to enter Canada as a refugee claimant in 2006. Despite being fingerprinted and interviewed along with a criminal record check being performed, Mr. Kai-Guo Huang – entering under the alias Yu Chen – was able to obtain refugee status without difficulty. He then had to undergo a second round of fingerprinting with a second criminal record check in order to receive his permanent resident status in 2010. How is it possible for a man who is wanted in connection with a violent crime such as this one to slip through the cracks of the Canadian immigration system so easily? This is the same question that many Canada immigration experts are asking and they want answers!
The crime, committed in July of 1996, involved a man being murdered and decapitated in a Chinese restaurant in Philadelphia; his head and torso thrown into two dumpsters in New Jersey. Mr. Huang was thought to be connected with this crime, as was his brother, Xing Huang. Kai-Guo Huang was charged for the crime three months later but had already skipped town by then, presumably returning to China. His brother, Xing, is nowhere to be found. Mr. Huang then used false documents to apply for a refugee claim from China into Canada. Canada, apparently, welcomed this violent killer with open arms. Mr. Huang went on to open his own business, join a local church and eventually even bought a condo in north Scarborough. He was considered a nice, friendly guy by those he met. People who had interacted with Mr. Huang over the last several years had very little to say about him. Nobody had any reason to suspect that this man was anything more than he appeared to be. He went to work, he came home, he paid his bills and he did not cause trouble. That is, until Toronto police arrested Mr. Huang in August for driving under the influence. This arrest led Toronto police to run Mr. Huang’s fingerprints against the FBI database and the truth about this mysterious Chinaman was discovered. If you are a glass half full type of person, you may be too busy celebrating his arrest and overlook the fact that a murderer was allowed to live freely for 14 years and was only discovered by chance. In fact, if not for the DUI, my Huang could possibly have lived out the remainder of his days in Canada, living and working just like any other upstanding member of society. Very little information is available about the actual murder and very little is said about the man himself. For all we know, he may have been a ticking time bomb or he may have even had other victims – potentially in Canada.
So how did a violent killer trick the Canadian immigration system? Could it be that the system is flawed? It is understood that he used a false name and falsified documentation to enter Canada and it is also likely that he did not mention his time in the US when applying for refugee status – and later for permanent resident status – but it is unclear why his fingerprints did not raise any red flags as to his true identity and his criminal background. Having worked with immigrants from all over the world, our immigration consultants have assisted countless people in applying for and obtaining police clearances from every country in which they have resided. This is a clear requirement for anyone seeking refugee status as well as permanent resident status in Canada. A criminal record check is done in every instance and a criminal record from any country would prevent an individual from entering Canada and/or obtaining permanent resident status. Yet, somehow, this man was able to undergo and pass two criminal record checks without being detected. This begs the question, how many other potential criminals are attempting to seek refuge in our country? We know that the Canada immigration system is not so easily fooled and that they have become more strict and diligent in the years since this incident occurred. However, we must consider the possibility that others like Mr. Huang may have been able to enter the country and may in fact still be living in Canada as permanent residents despite having left behind criminal records in other countries. Changes in the Canadian immigration system in the last year have made it so this type of thing would not happen today. With the introduction of biometrics for applicants entering Canada, it will become easier for Canadian visa officers to find out whether the applicant has visited the United States regardless of what is written on the application. Biometrics includes fingerprints as well as high-resolution photos which make it more difficult for applicants to lie about their past. To some, these strict rules and regulations may seem to be a barrier to keep them from seeking refuge in Canada. However, it is obvious that measures need to be taken to protect those who are already in Canada from potential criminals. If you have nothing to hide then you have nothing to worry about. One of the most important pieces of advice you can get from an immigration consultant is to NEVER LIE on your application. If you get caught lying – or, to use government terms, “misrepresenting,” your application will surely be refused and you could be banned from applying again for years, if not indefinitely. Remember that while mistakes do happen, it is a rare case and the Canadian government is not a kindergarten class. You must be willing to open yourself to investigation if you wish to have any hope of entering Canada. Applicants who wish to enter Canada or apply for PR should contact a regulated immigration consultant to assist with your case. A consultant can assist you in determining your eligibility as well as portraying your individual situation in the best possible light. We will never take on a client who is ineligible to enter Canada.
What are your thoughts about this story? Do you believe that something like this could happen today? Do you think that a flaw in the Canada immigration system is to blame for allowing this man to enter and live in Canada for so many years? Whether you are a Canadian citizen, permanent resident, or potential immigrant, your opinions are important to us. Please share your thoughts by commenting below or join us on Facebook or Twitter to discuss this and other Canada immigration matters.
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