A Canadian judge has denied an international student entry to the country over concerns he could be “coerced” into spying, as Chinese nationals who have attended certain government-linked institutions face increased scrutiny from immigration officers.
Yuekang Li, a Chinese citizen, was accepted onto a PhD program in Mechanical and Mechatronics Engineering at the University of Waterloo in April 2022, but his application for a study permit was delayed due to ongoing background checks.
Having repeatedly deferred his start date, Li applied for a judicial review of the delay at the beginning of 2023.
After being ordered to make a decision, the case officer rejected Li’s application on the basis that there were reasonable grounds to believe that he may be “coerced into providing information” to Chinese authorities “that would be detrimental to Canada or contrary to Canada’s interests”.
A judge sided with the case officer’s decision in December in a ruling that could have far-reaching implications for other international students from so-called “hostile states”.
Lawyers say it is significant that Li has been denied entry for something he has not yet done, while the judge argued that understandings of what constitutes espionage “must evolve”.
According to court records, the concerns about potential coercion were based on Li’s education, his field of study and research in Canada, as well as “growing information around China’s use of students to collect information to advance China’s military and other interests”.
Li obtained a bachelor’s degree in Mechanical Engineering from Beihang University – an institution the officer said had strong links with China’s defence industry.
“The big implication is what you are hoping to study in Canada, where you studied, where you worked… all have an implication when you when you’re making this application,” William Tao, Canadian immigration lawyer at Heron Law Offices, told The PIE News.
Beihang University is part of the Seven Sons of National Defence, a group of public universities in China with connections to the country’s industry and information technology ministry.
But Tao said there was a trend of other institutions routinely being flagged by Canadian immigration technology, in some cases for applicants for non-study visas who had attended these universities decades ago. He added that some were being flagged who hadn’t studied sensitive subjects.
In a similar case, Reza Jahantigh, an Iranian national, is currently going through the courts after being denied a permit to study computer engineering at a Montreal institution.
Students from countries including Iran have reported long-delays in receiving a decision on their Canadian study visa applications – leaving some like Jahantigh and Li to ask judges to intervene.
“You may want to wait a little longer for some clarity before you choose to pursue studies here”
Li’s study plan, which set out his desire to return to China and use his studies to improve the public health system, was also scrutinised by case officers and the judge.
Tao described this as a “double-edged sword” as students can be penalised for indicating they wish to stay and work in Canada.
The decision, said Tao, has “lifelong consequences” for the student, who will not be able to re-apply to Canada unless he receives a ministerial pardon.
“I think for some students who are thinking about Canada, from my perspective, you may want to wait a little longer for some clarity before you choose to pursue studies here,” he said.
