Court Launches Study Permit Pilot

Effective October 1, 2024 – The Federal Court has introduced a new pilot project to help students who have had their study permit applications refused. This new process aims to speed up the court’s review of these cases, cutting down the waiting time for applicants from 14-18 months to just 5 months.

The project comes as the court faces a huge increase in immigration cases. In 2024, the court expects to receive 24,000 immigration filings, which is four times higher than the years before the COVID-19 pandemic. To manage this, the court is teaming up with Immigration, Refugees and Citizenship Canada (IRCC), the Department of Justice (DOJ), and the Citizenship, Immigration, and Refugee Law Bar Liaison Committee to simplify the process for judicial reviews.

Key Highlights of the Study Permit Pilot Project:

1. No Hearings Required: Unlike the current process, the new project eliminates the need for hearings. Applicants and Immigration, Refugees and Citizenship Canada (IRCC) will not need to appear before a judge, making the process faster and less costly for all parties.

    

2. Simultaneous Determination of Leave and MeritsUnder existing rules, a Federal Court judge must first grant an applicant leave before the merits of their case can be heard. The pilot project consolidates these two steps, allowing judges to make determinations on both the leave to proceed and the merits of the judicial review at the same time. This simultaneous approach removes procedural delays and accelerates decision-making.

    

3. Shortened TimelineThe most notable change is the dramatic reduction in the processing time. Previously, judicial reviews for study permit refusals could take between 14 and 18 months. The pilot project aims to complete the entire process within just 5 months, providing much-needed relief for international students eager to begin their studies in Canada.

Eligibility Criteria for the Study Permit Pilot Project:

To participate in the pilot project, both the applicant and IRCC must meet the following criteria:

• The study permit application must have been rejected by IRCC.

• Both parties must agree to opt into the pilot project.

• Both parties must agree on the underlying facts, as detailed in the application materials submitted to IRCC by the applicant, including the full reasons for the IRCC decision.

• The case must not involve complex issues, such as admissibility, national security, or requests for certified questions.

• The applicant must file the Application for Leave within the specified time frame, without requesting an extension.

• No affidavits can be filed by the parties.

• IRCC must provide a Simplified Certified Tribunal Record, which includes the study permit application and the reasons for its refusal.

   

  

   

Why Is This Pilot Project Important?

For international students, a study permit refusal can cause long delays, with some waiting years to resolve their cases. Under the old system, many students couldn’t start school on time. As Warda Shazadi Meighen, a lawyer on the project’s Liaison Committee, explained:

By simplifying the process, the Federal Court hopes to help students make faster decisions so they can continue their education plans without long delays.

Court Launches Study Permit Pilot

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