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#96 - Inadmissibility for Espionage and Chinese Immigration, with Will Tao
Will Tao is a Canadian immigration and the founder of Heron Law Office.
In January 2024 Justice Crampton, the Chief Justice of the Federal Court released a decision where he ruled that what constitutes “espionage” in Canadian immigration law must evolve “as hostile state actors increasingly make use of non-traditional methods to obtain sensitive information in Canada or abroad, contrary to Canada’s interests.”
He held that it was reasonable for a visa officer to determine that a prospective Chinese PhD student, Mr. Li, was inadmissible to Canada for espionage because he may in the future be targeted and coerced by the Chinese government into providing information that would be detrimental to or contrary to Canada’s interests. There was nothing to suggest that Mr. Li has a present or future intention to provide such information to the Chinese government. Rather, the concern was future coercion or co-opting.
Later that month, the Government of Canada’s announcement of a New Policy on Sensitive Technology Research and Affiliations of Concern (the “Policy”). The Policy included the publishing of a list of around 100 research organizations and institutions in China, Russia and Iran that pose “the highest risk to Canada’s national security due to their direct, or indirect connections with military, national defence, and state security entities.”
In this episode we discuss these two developments, and what it means for prospective immigrants, with a focus on China.
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#216 - Inside IRCC: Answers to Representatives’ Emails #1
01:01:14|Steven Meurrens and Deanna Okun-Nachoff review several responses from IRCC’s Immigration Representatives’ Mailbox, where immigration representatives ask questions about how Canadian immigration law and various immigration programs are interpreted and appliedTopics discussed include:(1) whether rental assistance counts as social assistance for sponsorships;(2) study permit requirements for children of protected persons;(3) maintained status and “rolling” extension applications;(4) whether marriages count for immigration purposes if the commissionaire is joining remotely;(5) criminal rehabilitation applications and concurrent filings;(6) adding newborn children after COPRs are issued;(7) travelling to Canada by land with an expired PR Card;(8) whether C11 entrepreneur work permits count toward Express Entry;(9) foreign work experience performed remotely from inside Canada;(10) Express Entry NOC code refusals and category-based selection issues;(11) non-accompanying spouses and CRS score maximization;(12) proof of settlement funds in foreign currencies; and(13) PR portal travel complications and eCOPRs. We also answer a live listener question about ATIPs and CBSA. Whether you are an immigration lawyer, consultant, student, or applicant trying to understand how IRCC actually applies the rules in practice, this episode provides a detailed look into the operational side of Canada’s immigration system.
#215 - The 2025 CSIS Report: Security Screening, Impact of Mandamus on CSIS, and Backlogs
23:01|We take a look at the newly released 2025 report from Canadian Security Intelligence Service (CSIS), and what it tells us about immigration security screening in Canada.CSIS reports that it received 438,600 immigration security referrals in 2025, a notable drop from prior years. Yet, at the same time, overall inventories remain at historic highs. Topics discussed include the CSIS report, including what CSIS says are the impact of mandamus and NSIRA complaints on security screening. The CSIS Report can be found here - https://www.canada.ca/en/security-intelligence-service/corporate/publications/csis-public-report-2025.html
#214 - Auditor General Report Exposes Major Issues in Canada’s International Student Program
53:09|Steven Meurrens and Deanna Okun-Nachoff break down the explosive findings from the Office of the Auditor General of Canada on Canada’s report on the international student program.Topics discussed include the unexplained drops in study permit approvals, IRCC's lack of funds to address fraud, risk profiling practices, the disconnect between government targets and real-world outcomes, and what stricter enforcement and new leadership at Immigration, Refugees and Citizenship Canada could mean going forward.
#213 - Race, Detention, and Transparency in Canada's Immigration System
46:19|We explore one of the most complex and under-examined areas of Canadian immigration law: immigration detention—and the role that race and systemic bias may play within it.Topics discussed include the legal grounds for immigration detention, why race-based data is largely unavailable in Canada, evidence suggesting disproportionate detention of Black men, the interplay between immigration, policing, and the criminal justice system, how discretion and lack of oversight may allow systemic issues to persist, the reality that Canada has no time limits on immigration detention, and practical recommendations for reform, including independent oversight and better data collection.Efrat Arbel is an Associate Professor at the University of British Columbia Allard School of Law. Her work focuses on the law and policy of immigration detention, refugee protection, and border governance. Prasanna Balasundaram is the Director of Downtown Legal Services at the University of Toronto. Nana Yanful is a lawyer based in Tkaronto/Toronto who is deeply committed to advocating for racial justice, state accountability, and human rights in her legal and community work.We discuss their paper Race and Racism in Canada's Immigration Detention System.https://commons.allard.ubc.ca/cgi/viewcontent.cgi?article=3835&context=fac_pubs
#212 - IRCC's Express Entry Changes and Consultations
53:21|In this episode of the Borderlines Podcast, Amandeep Hayer and Steven Meurrens break down the latest Express Entry reforms under consideration by IRCC, and what they could mean for applicants, lawyers, and Canada’s immigration system as a whole.We walk through newly released consultation materials (shared with permission from the Canadian Bar Association), including:a complete overhaul of Express Entry, including merging the Canadian Experience Class, the Federal Skilled Worker Class and the Federal Skilled Trades Class into a single program;a shift toward high-wage occupations as a key selection factor;the potential removal or reduction of points for spouses, French language ability, Canadian study, and siblings in Canada; andchanges to language thresholds, work experience requirements, and ranking criteria.We also explore the broader policy implications, including whether these reforms will actually improve outcomes. As it turns out, when it comes to predicting earnings in Canada the points do matter.IRCC's powerpoint can be found here:https://meurrensonimmigration.com/wp-content/uploads/2026/04/CBA-Consult.pdf
#211 - Security Screening for Transnational Repression, with Retired CSIS Analyst Phil Gurski
58:20|Steven Meurrens and Deanna Okun-Nachoff are again joined by retired CSIS analyst Phil Gurski, this time to unpack the growing issue of transnational repression in Canada.Drawing on Phil’s recent report for the Montreal Institute for Global Security, the conversation explores how foreign states monitor, intimidate, and coerce individuals on Canadian soil, often targeting diaspora communities through surveillance, threats, and pressure on family members abroad.The discussion focuses on how these activities intersect with Canadian immigration law, including:Whether transnational repression fits within existing inadmissibility categories like espionage and subversionThe challenge of defining “national security” in immigration decisionsThe tension between protecting victims and finding them inadmissibleThe role of proxies, including organized crime, in carrying out foreign state objectivesWhy police responses often fall short when conduct doesn’t clearly meet national security thresholdsKey Topics & Timestamps:01:30 – What is transnational repression?10:00 – Immigration law and inadmissibility challenges26:00 – What is “national security” in law?30:30 – When repression becomes a national security issueFurther Reading: https://migsinstitute.org/wp-content/uploads/2026/02/Transnational-repression-in-Canada_MIGS.pdf
#210 - Would You Pass the Citizenship Test?
35:32|In this lighter episode of Borderlines, we take a break from the usual deep dives into immigration law to tackle something every new Canadian faces: the citizenship test.We start with a quick overview of how the test works. Format, requirements, and recent procedural updates. We then put ourselves on the spot with real sample questions. What follows is a mix of correct answers, educated guesses, and a few humbling moments.Along the way, we also discuss whether the citizenship test actually measures anything meaningful, the challenges faced by applicants seeking waivers, and whether knowledge-based testing should play a role in determining who becomes Canadian.
#209 - Huge Mandamus Decision by the Federal Court of Appeal
17:06|A discussion of the Federal Court of Appeal's decision in Benison v. Canada (Royal Canadian Mounted Police External Review Committee), 2026 FCA 53. The decision opens with the following Supreme Court of Canada quote - "The common law system has always abhorred delay. In our system’s development of the courts’ supervisory role over administrative processes through mandamus, we see a crystallizing potential to compel government officers to do their duty and, in so doing, to avoid delay in administrative processes."And it really drives home that allocation of resources in of itself justify delays, open ended delays are unacceptable, significant prejudice is not required, queue jumping does not in of itself preclude mandamus, and more.Previous Borderlines podcast episodes where we discussed mandamus include episodes 57 and 117.
#208 - Proving Canadian Ancestry, with Amandeep Hayer and Lisa Middlemiss
56:51|We are joined once again by Amandeep Hayer and Lisa Middlemiss, to discuss citizenship by descent post Bill C-3With thousands of people, particularly Americans, now exploring whether they qualify for Canadian citizenship through a distant ancestor, we discuss how the law works, how to prove eligibility, and the practical challenges involved.We also discuss the genealogy research often required to prove citizenship, archival birth records, IRCC processing issues, the interim measures, and the broader policy implications of expanding citizenship while immigration pathways tighten.03:01 Quick recap: who qualifies for Canadian citizenship by descent under the new framework08:27 The main challenge: proving ancestry and lineage13:33 Situations where someone may think they qualify but actually don’t (e.g., adoption issues)27:43 Can someone apply for a study permit or work permit if they might already be Canadian?Audience Questions:33:14 British subjects in Canada during WWII35:26 What happened to the interim citizenship measures from 202439:36 Do families need separate citizenship proof applications for each generation?46:06 Where to start if your Canadian ancestor was born in the 1800s48:26 Translation requirements for Quebec civil records