The Federal Court of Canada has recently introduced a new Study Permit Pilot Project aimed at significantly reducing the time it takes for applicants to receive a decision on judicial reviews of refused study permits. This new initiative is set to transform the process of reviewing rejected study permits and aims to benefit both applicants and the Court itself.
What is the Study Permit Pilot Project?
The Study Permit Pilot Project is an initiative launched in partnership with Immigration, Refugees, and Citizenship Canada (IRCC) and key stakeholders, including the Federal Court Citizenship, Immigration, and Refugee Law Bar Liaison Committee. This pilot program, beginning on October 1, 2024, aims to streamline the judicial review process for study permit refusals, which has become necessary due to the surge in immigration-related filings. By the end of this year, the Court is projected to receive 24,000 immigration filings, a significant increase compared to pre-pandemic years.
Under the current system, it typically takes between 14 to 18 months for a judicial review of a study permit refusal to conclude. The new pilot program will reduce this to just 5 months—a significant change that offers a major advantage to applicants, allowing them to potentially join their studies sooner.
How Does the Pilot Project Work?
The Study Permit Pilot Project is designed to expedite the review process by skipping some of the conventional steps, such as an oral hearing. Here’s how it works:
No Court Appearance Needed: Applicants do not need to physically appear in court. Instead, a judge will decide the case based on written submissions from both the applicant and IRCC.
Simplified Certified Tribunal Record (SCTR): The application for judicial review will include a Simplified Certified Tribunal Record, containing the details of the applicant’s original study permit application and the IRCC's reasons for refusal. This approach helps to provide more clarity on the reasons behind the initial decision.
Concurrent Review and Leave: Judges will simultaneously determine whether to grant leave and review the application—eliminating separate steps that previously added to processing times.
Who Can Participate in the Pilot Project?
To participate, both the applicant (the person whose study permit has been refused) and the respondent (the Minister of Citizenship and Immigration) must agree on all the facts and opt-in to use the pilot project. The criteria also specify that:
Straightforward Cases: The issues in the study permit refusal must be straightforward, with no questions related to national security or inadmissibility.
Timely Filing: The applicant must file the Application for Leave and Judicial Review within 15 days of receiving a refusal while in Canada, or 60 days if they were outside Canada when they received the refusal.
No Affidavit Evidence: New evidence through affidavits cannot be introduced under the pilot project.
Why Choose the Pilot Project?
There are several reasons why applicants may benefit from opting into the pilot project:
Speed: As mentioned, the time frame for decision-making is reduced from 14-18 months to just 5 months.
Cost Efficiency: By eliminating the need for a hearing, both time and resources are saved. This also translates to lower costs for applicants, making the judicial review process more accessible.
Ease of Filing: All documents are filed electronically, simplifying the process for applicants and reducing the administrative burden
Potential Outcomes
Once the judge reviews the materials submitted:
Dismissal of Leave: If the leave is dismissed, the original decision to refuse the study permit remains.
Leave Granted, Application Dismissed: The judge may grant leave but dismiss the application for judicial review, maintaining the refusal.
Leave and Judicial Review Granted: If both are granted, the case is returned to IRCC to be reassessed by a different visa officer.
How Can Applicants Opt-In?
To opt into the pilot project, applicants must include specific wording on their Application for Leave and Judicial Review (Form IR-1) indicating their intention to proceed under the pilot project. This involves marking "SIMPLIFIED PROCEDURE – STUDY PERMIT PILOT PROJECT" in key areas of the form and during the e-filing process.
How Can We Help You?
At Immigrative Visa Services, we work closely with our clients to make their immigration journey as smooth as possible. If you’ve recently had your study permit refused, we offer several services to help you navigate the next steps:
ATIP Request Services: We can help you obtain an Access to Information and Privacy (ATIP) request to understand the exact reasons behind your study permit refusal. By reviewing the officer's notes and other key details, we can provide a clear analysis of your case.
Evaluating Pilot Project Eligibility: Our team will help you determine if applying under the Study Permit Pilot Project is suitable for your case. We assess the reasons for rejection, verify the reasonableness of pursuing this route, and give you a tailored solution—whether that means addressing the issues and reapplying or taking further action.
Lawyer Referrals for Judicial Review: For the judicial review process, only lawyers are eligible to represent clients in Federal Court. We are partnered with experienced lawyers in Canada who are ready to represent you and support you through the entire judicial review process.
Final Thoughts
The Study Permit Pilot Project represents a promising step toward reducing backlogs and offering applicants a quicker path to achieving their study goals in Canada. For those who have faced setbacks in their application journey, this new procedure could be the opportunity they need to get back on track without an extended delay.
Interested in Learning More?
Get in touch with our team to discuss whether the Study Permit Pilot Project could benefit your situation.
How Immigrative Visa Services Can Help: Our experienced RCICs understand the complexities of Canadian immigration law. With our personalized guidance, we ensure you are informed about your options and prepared to move forward confidently.
Disclaimer:
This blog post is intended for general informational purposes only and does not constitute legal advice. For personalized advice regarding your specific immigration situation, it is recommended to consult with an authorized immigration professional.
About the Author:
This blog post is authored by Hossein Alavi, RCIC, a seasoned Regulated Canadian Immigration Consultant and the founder and CEO of Immigrative Visa Services Inc. and EduPal Canada. With over ten years of experience in the education and immigration sectors, he is dedicated to assisting individuals and companies with their Canadian immigration needs. Contact Immigrative Visa Services Inc. today to schedule your consultation and take the first step toward achieving your Canadian aspirations.
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