Canada: Applicants with rejected study permits can appeal from October 1

Canada will commence a Study Permit Pilot Project on 1 October to speed up the appeal process for rejected study permits.

This was announced by the Federal Court of Canada to streamline the judicial review of rejected visa applications giving international students reasons to be hopeful. The expedited review processing time will be reduced from 14-18 months to under five months thereby addressing delays and making the appeal system more efficient for international students.

Current appeal process

Currently, appealing a rejected Canadian study permit through judicial review can take between 14 and 18 months. The process begins when an individual submits a request for leave and judicial review to challenge the immigration decision, a procedure overseen by the Federal Court of Canada.

In the existing system, a judge first decides whether to grant permission (leave) for the case to proceed to judicial review. If leave is granted, the case then moves forward for further assessment.

However, under the new pilot project, the court will review both the leave request and the judicial review simultaneously, thus speeding up the process significantly.

The pilot project comes with no additional fees as the standard $50 fee for filing a judicial review remains the same, making it financially accessible to those who wish to opt into the new process.

How prospective students can meet the criteria

To participate in the Study Permit Pilot Project, students must meet certain criteria:

1. Applicants must have applied for and been denied a Canadian study permit by Immigration, Refugees, and Citizenship Canada (IRCC).
2. Both the student (applicant) and the IRCC must agree to participate in the pilot project, committing to the streamlined process.
3. Both parties must agree on the facts as presented in the original application and the reasons for refusal, with no disputes over the details of the case.
4. The case must be simple, with no complex legal or factual issues. Cases involving inadmissibility, national security, or those requiring a certified question are ineligible.
5. Applicants must file their request within the specified timeframe—60 days for those applying from outside Canada and 15 days for those within Canada.
6. The pilot project does not permit new evidence, meaning the applicant must rely solely on the materials submitted with the original application.
7. The applicant must not require an extension to file their Application for Leave to ensure the expedited process is maintained.

How to apply

Applicants need to follow these steps to apply:

1. When applying for the Study Permit Pilot Project, applicants need to follow specific steps to ensure efficient processing. Firstly, they must meet strict deadlines: 15 days for those within Canada and 60 days for those applying from abroad. Missing these deadlines could result in disqualification from the project.
2. Secondly, all documents must be submitted electronically through the court’s official system, ensuring prompt receipt and easier tracking of applications. Additionally, applicants are required to complete and submit Form IR-1, the designated application for Leave and Judicial Review, to comply with judicial review procedures.
3. Lastly, applicants must indicate their participation in the pilot project in the relevant sections of the application form.

This ensures that their case is processed under the expedited system, potentially reducing the time for appeals to be reviewed.