Chinese spy school instructor fights to stay in Canada

Immigration Canada continues to contest attempts by a Chinese colonel to immigrate to Canada.

"Before coming to Canada, Mr. Xu was a member of the People's Liberation Army (PLA) for 20 years and a lecturer at the PLA Information Engineering University (PLAIEU) for 16 years. PLAIEU is China's only military academy for cyber and electronic warfare," reads a Federal Court ruling.

The Canada Border Services Agency (CBSA) initially declared Xu inadmissible to Canada on security grounds but filed an appeal with the Immigration Appeals Board (IAB). It now faces a judicial review brought forthwith by Immigration Minister Marc Miller.

At the age of 41, Xu entered Canada in July 2021, self-reportedly unemployed for three years prior, before claiming to be self-employed “without further detail” for 12 months. He received permanent residency through a spousal sponsorship.

However, upon arrival in Vancouver, CBSA officers detained Xu for questioning on alleged ties to an organization that engaged in espionage. They subsequently detained him as a reported danger to Canada's national security of Canada and referred him for an admissibility hearing with the Immigration and Refugee Board (IRB).

In September 2021, the IAB rendered a decision, now under judicial review, which found “no reasonable grounds to believe that Xu was inadmissible to Canada.”

"All in all, I find the reasoning of the IAD [Immigration Appeal Division] unintelligible as regards the assessment of Mr. Xu’s personal circumstances, which was clearly influenced by a report and testimony of a proffered expert who had limited expertise in the context in which such an assessment should have taken place, and this without addressing the very objection of the Minister which highlighted the problem inherent is such reliance," wrote Justice Peter G. Pamel in his granting of the review.

"I find the IAD decision unreasonable," reads the decision.

This story is insane

A Lieutenant Colonel in in the Chinese Army, who teaches Espionage tactics, is trying to immigrate to Canada

He didnt declare his affiliation on his immigration paperwork but instead said at 40yrs old he’s retired and self employedhttps://t.co/tPtTJ8GwC4 pic.twitter.com/cXiPio3TtH

— Nya Pfannerstill (@NyaPfanner) March 12, 2024

According to the facts of the case not disputed by either side, Xu had a long and successful PLA career, teaching espionage tactics before suddenly retiring at age 38. At such time, he tried emigrating to Canada, with sponsorship from his Canadian wife.

"Mr. Xu was born on April 10, 1980. He enlisted in the PLA in 1998 and attended the Jinan Army College in 2002, from which he graduated with a bachelor’s degree in Infantry Command in 2006; the courses he took included, amongst others, physics, applied mathematics, writing, English, army management, Chinese, a course on foreign armies, and a computer course – in other words, what were described as being basic courses for undergraduate military students," reads the decision.

He began as an instructor at the PLAIEU teaching military tactics – field training. As furthering his career at the university and receiving promotions within the PLA required advancement in his education, Xu enrolled as a student at the PLAIEU, from which he graduated with a master’s degree in military education training in 2009.

Xu later received a promotion from instructor to the position of lecturer and began to teach military theory and strategy within the institution's Department of Combat Command, a track said to be unrelated to the PLAIEU’s espionage activities.

It is reported that Xu never attained the rank of assistant professor or of a fully tenured professor before retiring from the university in 2018.

Pertaining to Xu's military career, he started with the rank of Lieutenant and was later promoted to Lieutenant Captain.

In 2010, he soared to the military rank of Major within the PLA, where he went abroad to the Combined Arms Academy of the Armed Forces of the Russian Federation. There he studied Military Management, returning to China three years later.

In 2014, Xu was promoted to Lieutenant Colonel, and continued to serve and teach in the Department of Combat Command at the PLAIEU.