If your study permit application has been refused by the Immigration, Refugees and Citizenship Canada (IRCC), the following information will be useful for you. As of October 1, 2024, the Federal Court of Canada will expedite the procedure for seeking leave for the judicial review of rejected study permit applications through a new Study Permit Pilot Program.
The new pilot program will eliminate the need for some of the standard procedures, such as requesting judicial leave for a review and having a court review if the study permit is denied. Leave is the legal terminology for the court granting you permission. An application for leave and judicial review is the process by which applicants seek the Federal Court of Canada's permission to challenge the decision of an administrative body.
Under the normal system, a judge will first decide whether to grant leave so the person can apply for judicial review. Once thr permission is granted, the case for judicial review is heard and assessed on a case-by-case basis. The new pilot program considers leave requests and judicial review requests simultaneously in an effort to streamline the process and make it more efficient.
Under the new program, it is estimated that the entire review procedure could take only 5 months instead of the current 14-18 months. The project does not come with an extra cost, but there is a CA$50 application fee for leave and judicial review.
The requirements include the study permit application that was rejected and the letter of refusal issued by the IRCC, both the IRCC and the prospective student must agree to opt into the pilot program, and agree on the underlying facts of the case and the officer’s notes. In addition to the above, the facts of the case must be straightforward, the parties should not be relying on Affidavit evidence, and the applicant should not require an extension of time to file the application for leave.
To participate in the program, applicants must file an application for leave and judicial review using the IR-1 form, mentioning the pilot program in the relevant sections. All applications must be submitted online through the court's electronic filing system.
The Federal Court is expected to receive about 24,000 immigration filings by December, which is one of the main reasons for the implementation of this pilot program. When compared to the annual average in the five years prior to the COVID-19 pandemic, this represents a four-fold increase. One of the main reasons for the increase in the number of applications that have been refused is the slew of immigration policy and regulation amendments made by the Canadian federal government. 2024 is currently a record-breaking year for the number of rejected study permit requests and has thus contributed to the increased influx of filings before the court.
How can Yanique Russell Law help you?
Our competent team at Yanique Russell Law can help you navigate the ever-changing Canadian immigration landscape. We have helped several of our clients to overcome personal and regulatory hurdles with the asssistancce of our dedicated legal professionals. Despite the decision resting solely with the Canadian government, rest assured that your chances of a study permit application approval are greatly increased with a competent legal representative.
If your study permit application has been refused by the IRCC, and you would like to participate in the Study Permit Pilot Project, Yanique Russell Law can be your legal guide as you navigate the Federal Court system. Let us help you at every step of the way as we ensure you meet all the requirements for the judicial review and leave application and resolutely advocate on your behalf. Additionally, our trusted network of partners can assist in helping you find the right academic program in Canada to further your studies and comply with the new immigration rules.
Conclusion
With the recent changes to the study permit application process and the tighter rules, application refusals are higher now more than ever. The new Study Permit Pilot Project seeks to provide a course of action for students who have received a letter of refusal from the IRCC.
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