Month: October 2024

NEWS RELEASE – Study Permit Pilot Project

In a news release on September 26, 2024 The Federal Court has initiated a pilot project aimed at expediting judicial reviews for rejected study permit applications. These rejections are part of the recent surge in immigration-related cases, marking 2024 as the third consecutive year of record-breaking filings.

By December, the Court is expected to handle 24,000 immigration cases, nearly quadrupling the pre-pandemic annual average.

Under the new Study Permit Pilot Project, individuals seeking leave and judicial review of their study permit refusals will see the process shortened to five months, down from the current 14 to 18 months.

Chief Justice Paul Crampton noted that the pilot will eliminate the need for a hearing, allowing judges to rule on both leave and judicial review simultaneously: “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.”

Several criteria apply to the pilot project, including that both the prospective student and IRCC must agree to participate and align on the facts of the case.

“These facts will be outlined in a document called the Simplified Certified Tribunal Record, which includes the application package the student submits to IRCC when applying for a study permit,” explained Dupe Oluyomi-Obasi, Senior Counsel and Deputy Director with the Department of Justice (DOJ). Ms. Oluyomi-Obasi, a DOJ representative on the Court’s Liaison Committee, shared this information during a video presentation organized by the Federal Court.

A private bar member of the Committee, Warda Shazadi Meighen, also in the same video stated the shorter timeline can make a “significant” difference in someone’s life. “It can mean starting school in 6 months, as opposed to starting school in 2 and a half, 3 years.”

What does Judicial Review mean?

When a study permit application is refused, applicants have the option to challenge the decision through a legal process known as judicial review in Canada’s Federal Court. However, before the court hears the case, the applicant must first apply for “leave,” or permission, to proceed with the judicial review. Here’s a breakdown of the process:

1. Applying for Leave

• Leave is essentially the court’s approval to review the immigration officer’s decision.
• The applicant must file an application for leave within 15 days of receiving the refusal if the decision was made inside Canada or 60 days if made outside Canada.
• The applicant must submit documents explaining why the officer’s decision was unreasonable, unfair, or made in error. It’s not enough to simply disagree with the outcome; there must be a legal basis (such as a failure to consider relevant evidence or a misinterpretation of the law).
• The court will review the application and supporting materials. If the court finds there may be merit to the case, it will grant leave.

2. Judicial Review

• Once leave is granted, a judicial review will be scheduled.
• Judicial review is not a full re-examination of the application; it’s a review of whether the immigration officer’s decision was reasonable and made according to the law.
• The court does not issue a new decision on the study permit application. If the review is successful, the court will quash (invalidate) the refusal and send the application back to Immigration, Refugees and Citizenship Canada (IRCC) to be re-evaluated by a different officer.
• If the court finds that the original decision was reasonable, the application for judicial review will be dismissed.

Who is Eligible for Judicial Review under the New Pilot Project?

The new Study Permit Pilot Project, launched by Canada’s Federal Court, streamlines the judicial review process for rejected study permit applications. Those eligible for judicial review under this project include individuals whose study permit applications have been refused, whether they applied from within or outside of Canada.

Key eligibility points:

• Applicants in Canada must file for judicial review within 15 days of receiving their rejection.
• Applicants outside Canada have 60 days to file.
• The process is designed to be quicker, resolving cases within 5 months (instead of the usual 14-18 months), and does not require a hearing. Both the request for leave and the judicial review will be assessed simultaneously.
• Applicants must submit documents online and follow specific procedures outlined by the court.
• Both Applicant and IRCC must opt into the pilot project.
• Both parties must agree on the relevant facts, as demonstrated by the application materials submitted by the Applicant to IRCC, including the complete rationale behind IRCC’s decision.
• The facts and issues involved in the case, whether related to the initial study permit application or the IRCC’s refusal, must be straightforward (e.g., no factual or legal concerns regarding inadmissibility or national security, and no request for a certified question).
• The Applicant must not require an extension to file the Application for Leave.
• Neither party may introduce affidavit evidence, as new evidence is not permitted under this pilot project.

How to Apply

Applicants must use a designated form through the court’s electronic filing system after opting in and adhering to the specified conditions.

The Study Permit Pilot Project begins October 1, 2024.

Why use Doherty Fultz Immigration?

Thanks to the strength of our immigration applications, Doherty Fultz Immigration has consistently ensured that our clients never face prolonged judicial review decisions. While the new expedited processing system is in place, our clients’ timelines have consistently been between 30 – 60 days, and we have never had a client experience a 14 to 16 month timeline. In fact, all cases have been resolved within a maximum of 2 months, with most being settled in under 1 month. We take pride in preparing applications that are strong enough to withstand judicial scrutiny, should it ever be required.

If you have had a Study Permit Refusal and are seeking assistance then please get in touch.

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