Will Tao (heronlaw.ca) joins us to discuss Li v Canada (MCI) 2023 FC 1753 -- a recent decision by the Chief Justice of the Federal Court - which affirmed a decision refusing a study permit on security grounds pursuant to s.34(1)(a) of the Immigration and Refugee Protection Act, "for engaging in an act of espionage that is against Canada or that is contrary to Canada’s interests". What makes the case particularly intriguing and controversial is that the record contained no evidence that the Applicant had actually engaged in (or had any future intent to engage in) espionage.

The court's very broad interpretation of the admissibility provision, which reflected also on s.33 of the Act, asserts that the mere potential that an Applicant may be co-opted in future can render him inadmissible. Further, the court held that even sharing of certain publicly available material could constitute espionage.

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