NEW HOPE FOR REJECTED STUDY PERMITS In Canada COMMENCING OCTOBER 1, 2024

Canada had introduced an accelerated program to review rejected study permits. This is because the Federal Court of Canada had received an excessively high immigration-related cases since the beginning of the COVID- 19 pandemic—a stark contrast from the pre-pandemic period. Hence, it is estimated that at the end of 2024, the Court would have received around 24,000 filings. This is about four times the numbers processed before the outbreak of the pandemic.

How has this outcome affected study permit applicants? With the heavy backlogs, applicants experiencing denials are forced to wait for more than a year for the result of their judicial reviews while also experiencing a slow down of their education plans.   

Therefore, commencing on October 1, 2024, Canada will be introducing a new Study Permit Pilot Project, to assist in fast-tracking the review process for rejected study permits. This drive will significantly reduce the typical processing time of 14-18 months down to under five months. The Chief Justice Paul Crampton has recognized the challenge and has advocated for a change saying:

“This will be a win-win for applicants, who will save significant time and costs, and for the Court, which will save scarce judicial and registry resources.”

WHAT ARE THE KEY CHARACTERISTICS OF THE STUDY PERMIT PILOT PROJECT?

1. Streamlined Process and Timeline: Judicial reviews for straightforward cases will now be handled entirely in writing, eliminating the need for court hearings. As opposed to hearings, judges will now be required to rule on the leave and the merits of the judicial review at the same time.
2. No Hearings: The pilot project allows for quicker decisions by bypassing lengthy court sessions that required the applicant or respondent to go to court and will use a Simplified Certified Tribunal Record (SCTR) instead.
3. Fixed Deadlines: Applicants must submit their review applications within 15 days if in Canada or 60 days if outside Canada, ensuring timely processing.
4. Simplified Documentation: Only the SCTR is required, which will include the original application and reasons for rejection. No additional evidence or affidavits will be permitted, keeping the focus on the initial submission.

HOW DO YOU APPLY FOR THE PILOT PROJECT?

To utilize this pilot program, applicants should follow the following specific steps:

• Applicants must file an Application for Leave and Judicial Review through the Federal Court’s E-Filing system using Form IR-1.
• They should clearly mark their submission in bold by writing “SIMPLIFIED PROCEDURE – STUDY PERMIT PILOT PROJECT” above the title of the form.Applicants must ensure that all documentation is submitted electronically using the Court’s E-Filing system. In addition, applicants must include their IRCC’s Study Permit Application Number and Unique Client Identifier (UCI).
• As earlier indicated, applicants must follow the official filing deadlines—15 days for applications in Canada and 60 days for applications from outside Canada.

HOW DOES THIS PROGRAM BENEFIT STUDENTS?

This pilot project offers international students a chance to quickly resolve visa issues, potentially saving an entire academic year. With faster decisions, students can reapply for study permits without long delays, helping them maintain their educational orientation.

In addition, many students use agents in their home countries who have no idea what they are doing, or intentionally commit fraud. Students sometimes never see or sign their own applications and are told, incorrectly, this is the process they must follow. Families pay unscrupulous agents sometimes 10s of thousands of dollars to then have the student be refused for misrepresentation and fraud, not only for initial study permits, but also for further applications years later after students have established themselves in Canada.

CONTACT OSUJI & SMITH ALBERTA IMMIGRATION LAWYERS FOR IMMIGRATION ASSISTANCE

If your study visa has been rejected, consider seeking assistance from licensed immigration experts and experienced Immigration lawyers who can properly guide you through the process. Reapplying without professional help may not be the best approach.

The AI bots currently supporting the processing study permits is not built to tailor individual needs and can make significant mis-assessment of your situation, hence the need for professional intervention.

Our experienced Canadian immigration lawyers and licensed experts are highly knowledgeable in constituting your form requirements and will guide you on collating target documents while adhering to strict IRCC procedures. This helps to simplify the process for you and avoid unintended costs. And we are only a call away.  

Author: Vincent Igenoza