Borderlines

The first Borderlines episode of 2026 is our annual recap + predictions roundtable with Ottawa immigration lawyer Tamara Mosher-Kuczer. We look back at what actually happened in 2025, what surprised us most, and what 2026 might bring.Timestamps / Chapters0:52 Looking back: how many predictions were right last year?14:40 2026 predictions39:46 Listener question: What will happen with caregivers? 42:28 Listener prediction: Turning asylum into a temporary pathway46:11 Listener question: Trades vs. Francophones52:12 Listner question: LMIA exemptions / significant benefit work permits—any expansion?57:56 Will Canada's population increase or decrease in 2026? Subscribe for weekly immigration law breakdowns and policy updates, and tell us: What’s your boldest 2026 immigration prediction? Hosted on Acast. See acast.com/privacy for more information.

Amandeep Hayer and Lisa Middlemiss, co-authors of the book Canadian Citizenship: What Practitioners Need to Know, discuss citizenship by descent now that Bill C-3 is in force. Topics discussed include what changed under Bill C-3, citizienship by descent, how far citizenship can be traced back, proving citizenship without provincial birth certificates, interim measures vs. proof of citizenship applications, processing times, urgent requests, Canadians without proof who can’t get work permits or SINs, why adoptees may still be treated differently, fraud concerns, and how many Americans may now be Canadian citizens. We also answer live listener questions and comments, including whether Canada will now have to many new Canadians, a possible TR → PR pathway, work permit options for foreign doctors, slow processing times, Bill C-12 and Canadian immigration law predictions for 2026. Amandeep's blog post on Bill C-3 can be found here - https://hayerlawoffice.ca/2025/11/03/no-bill-c-3-does-not-create-a-new-second-gen

We return to Afghanistan, and to the unfinished work Canada left behind.Following our recent conversation with retired Canadian Forces member Cory Moore, we are joined by three guests from Aman Lara, a Canadian registered charity working on refugee extraction, resettlement and protection.Jon Feltham, Executive Director of Aman Lara and retired Canadian Armed Forces memberJulia Aitken, Program & Communications Director at Aman LaraDenis Thompson, Major-General (Ret’d), former commander of NATO Task Force KandaharWe examine Canada’s response to Afghans who worked alongside Canadian and NATO forces, through the lens of recent Federal Court decisions that highlight how many individuals were left behind after the fall of Kabul in 2021.We discuss:The reality faced by Afghan interpreters, contractors, and families still in hidingHow Canada’s approach relied on “process without a plan”The bureaucratic gaps between DND, Global Affairs, and IRCCHow veterans became de facto evacuation coordinators during the 2021 cr

Steven and Deanna break down the rapidly shifting landscape of Canadian study permits amid IRCC’s newly released 2026 international student caps. With approval rates falling sharply in 2024–2025 and IRCC committing to fixed national intake numbers, study permits are now effectively being graded on a curve, making strong applications more critical than ever.We discuss the most common refusal grounds they see in practice, including:▸ Weak or incoherent study plansWhy study plans are now a top refusal ground, what officers look for, how jurisprudence has evolved, and what applicants must show to demonstrate a logical academic and career trajectory—even for minors.▸ Dual intent, PGWP confusion, and long-term plansHow to candidly discuss the possibility of a PGWP without triggering a refusal, and how applicants can articulate return-home benefits while acknowledging genuine motivations.▸ Financial sufficiency and unexplained depositsWhy bank statements are scrutinized more heavily than ever, how to document source

Civil litigator Eoin Logan joins to break down three cases involving lawsuits both by and against immigration representatives. The cases are Sibbal v Nathyal, 2025 ABCJ 198, Roshy Skincare Clinic Inc. v Vrossis Investment Group Inc., 2025 BCSC 1769 and ICGC Immigration Consultants Group Canada Inc. v. Metro Painting Ltd., 2025 BCCRT 1466. Topics discussed include entering into immigration fraud schemes and suing when it falls apart, contractual illegality, negligent and fraudulent misrepresentation, contractual illegality, punitive damages and the duty of honesty in professional services, what happens when someone can’t enter Canada to attend their own civil trial and whether professional regulation in Canada actually protects immigrants. Hosted on Acast. See acast.com/privacy for more information.

Steven and Deanna dive deep into the most common reasons IRCC refuses Express Entry applications, with a focus on what visa officers determine to be insufficient reference letters. 1:00 – Correction from last episode: OINP Skilled Trades “draw” was actually a mass cancellation. Thoughts on this and Bill C-12. 10:00 – Express Entry refusals. NOC lead statements + main duties, employers not listing job duties, duties don’t match the NOC, blended NOCs. 17:00 – Should employers include percentage breakdown of duties?26:00 – Why verbs like “assist,” “support,” “help,” or “maintain” are dangerous27:12 – Procedural fairness: when IRCC must NOT contact youLive Questions. 31:10 – Will CEC draws exceed 1,000 ITAs in 2025?32:49 – Will Bill C-12 cancel Start-Up Visa and non-priority org files?36:50 – Is IRCC looking for any reason to refuse?37:45 – Will I get refused if my reference letter only lists 40 hours per week?38:34 – Could Bill C-12 cancel existing PRs?39:26 – Could TR-PR cover SUV applicants in 2026–27?40:05 –

Canada’s new 2026–2028 Immigration Levels Plan is here, and it’s a lot more confusing than media headlines suggest.This episode unpacks how the Carney government has quietly layered “one-time initiatives” on top of the official levels plan, including a massive cohort of protected persons and in-Canada temporary residents transitioning to permanent residence, and why the oft-repeated topline of 380,000 PRs is misleading once you add those extra streams.Topics discussed also include shrinking the temporary resident share of the population, the quiet rollback of francophone immigration targets, cuts to IRCC’s budget, and the rule-of-law issues when the same legal criteria suddenly produce totally different outcomes and higher refusal rates.We also answer live listener questions on CEC, work experience across multiple NOCs, why there aren't many ITAs, the H-1B pathway, and more. 5:05 – The “math’s not mathing”: topline 380,000 vs extra 140,000 PRs19:00 – Temporary resident caps, extensions, and the missing data2

Phil Gurski is the President and CEO of Borealis Threat and Risk Consulting Ltd. He previous worked as a senior strategic analyst at the Canadian Security Intelligence Service.We discuss CSIS's role in Canadian immigration screening, the increase in comprehensive background checks, how CSIS and CBSA divide up security work, the Bishnoi gang, Bill C-12, delays in applications from China, mandamus and whether Canada lacks a national security culture. 05:26 – How CSIS does immigration security screening and the dramatic increase in comprehensive background checks10:08 – Why every citizenship application goes to CSIS for security screening15:03 – Canada’s choices: lax screening, less immigration, more surveillance… or something else?21:16 – Delays, disenfranchisement & back-end vs front-end screening31:26 – CSIS vs CBSA vs IRCC: who does what in screening?37:00 – Security vs human rights42:01 – International students, volume and how the system can be exploited49:04 – Timelines, CSIS capacity, and mandamus in

Deanna, Sadaf Kashfi and Caroline Senini discuss your rights and obligations at the border, the intersection of immigration and criminal law, unreasonable search and seizure, mandatory minimum sentences and the Supreme Court of Canada decision in Quebec (Attorney General) v. Senneville, and more. Sadaf Kashfi is the founder of DMF Law, a Vancouver immigration & criminal-defence litigation boutique. Caroline Senini is a Partner at Peck and Company, where she practices in constitutional and regulatory matters, at both trial and appeal. Hosted on Acast. See acast.com/privacy for more information.

Greg Chubak retired from IRCC in 2022. He was posted to South Korea, Hong Kong and Singapore and the program manager in Hungary, Malaysia, Seattle, Sri Lanka and Austria. We discuss what programs have worked and haven't over the years, applications for authorization to return to Canada, rehabilitation applications, difficult cases, what concerns Greg about the direction of immigration law.  Hosted on Acast. See acast.com/privacy for more information.

Lorne Waldman, one of Canada’s most recognized immigration litigators, joins to discuss some of his most landmark cases, today’s processing and refugee backlogs, mandamus and where economic immigration policy is headed. Co-hosts Steven Meurrens and Deanna Okun-Nachoff also field listener questions on enhanced security screening, immigration consequences of sentencing, Express Entry trends, and practical career advice for junior counsel.Timestamps3:12 – Maher Arar inquiry5:41 – Niqab/citizenship-oath litigation 6:46 – Backlog cancellation class action8:33 – Security certificates12:13 – Pushpanathan15:32 – Refugee health care17:46 – The Bill of Rights and citizenship revocation20:57 – Public opinion shift on immigration26:49 – RPD/Federal Court backlogs and triage failures37:07 – Federal Court inefficiencies40:12 – Q&A: Security screening delays49:51 – Bill C-220: should judges consider immigration consequences at sentencing?1:00:04 – Express Entry1:05:57 – Career advice for junior immigration lawyers Hoste

Christian Lane is a retired Canada Border Services Agency officer whose career included serving as a Border Services Officer, Inland Enforcement Officer, Manager of Immigration Detention Operations and Chief of Enforcement & Intelligence Operations.Topics discussed include Christian's various roles, the moral stress of immigration enforcement, whether individual officers and the agency want discretion when it comes to removals, immigration background checks and security screening, the role of CSIS vs. CBSA, and why public-safety agencies struggle to advocate for themselves.

Cory Moore is a retired Canadian Forces military lawyer who served in Afghanistan. There, he helped develop the training of female Afghan lawyers who would go on to prosecute members of the Taliban. These brave women assisted in building the country’s justice system and enforcing the rule of law, often at great personal risk. After the fall of Afghanistan to the Taliban in 2021, Cory has continuously worked to bring those who can still be contacted to Canada under the Afghan special measures program, a program which the Federal Court recently described as suffering from "gross governmental negligence". Cory in this episode shares his profound sense of Canada's betrayal of allies who placed their trust in our country, calling attention to systemic inaction and the urgent need for accountability and reform in how Canada fulfills its moral and legal obligations to those who aided its missions abroad. Hosted on Acast. See acast.com/privacy for more information.

We speak with Daniel Bernhard of the Institute for Canadian Citizenship about understanding immigrant retention in Canada. The Paper comes at a time when immigration to Canada is declining, outflows are increasing and the aging of Canada's population accelerates. Hosted on Acast. See acast.com/privacy for more information.

Steven and Deanna analyze the IRCC Minister’s Transition Binder (May 2025) and its implications for processing times, including extraordinary ranges for several programs. The discussion addresses potential use of Bill C-2 authorities to suspend or terminate processing, operational realities in caregiver and Start-Up Visa files, and current dynamics in Francophone pathways. A concluding Q&A covers Express Entry eligibility, quotas, and Francophone mobility.Chapter Guide5:37 — H&C processing time range (12–600 months)8:12 — Start-Up Visa (420 months) 11:06 — CEC/PNP targets and provincial quota adjustments13:04 — Bill C-2 (Stronger Border Act): scope of cancellation/suspension powers31:03 — Live Q&ABorderlines is a Canadian immigration law podcast hosted by Steven Meurrens and Deanna Okun-Nachoff, providing in-depth analysis of immigration law, policy, and case law trends.This episode contains general information only and does not constitute legal advice. Hosted on Acast. See acast.com/privacy for m

Steven and Deanna break down the collapse in internaitonal student arrivals in 2025 and plumetting approval rates across nearly all programs. .2:14 2025 stats: what the data says4:01 Cap vs. collapse in student entries7:12 Worker levels and category context21:37 Approval-rate declines and rule-of-law concerns33:47 Category approval snapshots (CEC/FSW/Francophone/H&C)38:45 Live Q&A Hosted on Acast. See acast.com/privacy for more information.

Steve and Deanna break down the latest political heat on the Temporary Foreign Worker Program. What is the TFWP? Will Direct Apply meaningfully fix it? Timestamps1:40 Today’s focus: abolish/reform the TFWP? 7:42 TFWP vs IMP—what’s where 10:26 LMIA fundamentals: wage, recruitment, Job Bank18:02 Direct Apply: what changes34:32 Q&A starts Hosted on Acast. See acast.com/privacy for more information.

On this episode of the Borderlines podcast, Deanna Okun-Nachoff and guest co-host Zeynab Ziaie Moayyed speak with constitutional law guru Sujit Choudhry. We discuss Choudhry's work on the landmark Bjorkquist case, in which the Ontario Superior Court held that the Canadian Citizenship Act's "second-generation cut-off rule" was unconstitutional. Choudhry also describes his involvement in subsequent proceedings in which Canada has repeatedly failed to comply with court-ordered mandates to correct the non-compliance. We also delve into test case litigation at the crossroads of immigration and constitutional law. Choudhry describes factors he considers in selecting test cases, techniques for managing participants in a class action, choosing a venue (i.e. why proceed at federal vs. provincial court - ?), and factors that make issues at the nexus of immigration and constitutional law such a hotspot for strategic litigation. Finally, we discuss Bill C-2 (currently before the House), which proposes fundamental changes

A discussion about Mac’s Convenience Stores Inc. v. Basyal, 2025 BCCA 284. Hosted on Acast. See acast.com/privacy for more information.

Steven and Deanna dig into two new Government of Canada consultations on immigration policy. The first is on immigration levels planning for 2027 and beyond. The second is on new Express Entry categories. Topics include the survey questions, the results of last year’s consultations, caps on workers, and the proposed new categories of senior managers, scientists & researchers and allied soldiers. Hosted on Acast. See acast.com/privacy for more information.