New Initiative for Fast-Tracking Study Permit Judicial Reviews in Canada

Starting October 1, 2024, Canada’s federal court will introduce a groundbreaking initiative designed to expedite judicial reviews for study permit refusals, reducing the current wait time from 14-18 months to just 5 months. This program is particularly timely, as Canada’s immigration system is currently experiencing a surge in rejected applications. For international students, prolonged delays often result in missed semesters or deferred admissions, potentially derailing their educational and career aspirations

Key Features of the Pilot Project

Under this Pilot Project, the standard review process for rejected applications will no longer require a hearing. Instead, the process will be streamlined, allowing judges to simultaneously assess both the leave and the merits of the case. This consolidated approach significantly accelerates the review timeline.

Eligibility Criteria for the Expedited Review Process

To participate in the expedited review process, applicants must meet specific criteria:

1. Rejection of Study Permit Application: Applicants must have received a letter of refusal from Immigration, Refugees and Citizenship Canada (IRCC)
2. Agreement to Participate: Both the applicant and IRCC must agree to opt into the pilot project.
3. Agreement on the Facts: Both parties must concur on the facts presented in the study permit application materials.
4. Simplified Certified Tribunal Record (SCTR): The case must be straightforward, with no findings of inadmissibility or national security issues. The SCTR will include all necessary documents, including the full reasons for the IRCC’s decision.
5. No Affidavits Required: Affidavit evidence is not permitted under this pilot project, as it introduces new information not included in the original application.
6. No Extensions for Filing: Applicants must file the Application for Leave within standard deadlines (15 days for in-Canada applicants and 60 days for those outside Canada) without requesting extensions.

Steps to Opt into the Pilot Project

To participate in this Pilot Project, applicants should follow these steps:

1. Filing Form IR-1: Applicants must submit the Application for Leave and Judicial Review using Form IR-1, clearly stating their intention to participate in the Study Permit Pilot Project by writing “SIMPLIFIED PROCEDURE – STUDY PERMIT PILOT PROJECT” in bold above the title of the form.
2. E-Filing: All documents must be submitted electronically via the Federal Court’s E-Filing system. Applicants must include their Study Permit Application Number and Unique Client Identifier (UCI) as provided by IRCC.
3. Deadlines: Adhere to the standard filing deadlines: 15 days for in-Canada applications and 60 days for applications from outside Canada.

Cost of Participation

One significant advantage of the Study Permit Pilot Project is that there are no additional fees for utilizing the simplified process. The cost to file an application for leave and judicial review remains at $50, making it accessible for a broader range of applicants.

Possible Outcomes

There are three potential outcomes from the expedited review process:

1. Dismissal of Leave: The judge may dismiss the leave, meaning the study permit refusal is upheld without further explanation.
2. Grant of Leave and Dismissal of Judicial Review: The judge may grant leave but dismiss the application for judicial review, providing reasons for upholding the study permit refusal.
3. Grant of Leave and Judicial Review: If the judge grants both leave and the judicial review, the case will be referred back to IRCC for reconsideration by a different visa officer.

The introduction of this expedited judicial review process could be life-changing for prospective students. If successful, it may serve as a model for enhancing efficiency and applicant friendliness in other areas of Canada’s immigration system.

For personalized assistance, our in-house legal counsel is well-equipped to navigate these cases. Please contact our office or fill out the form to schedule a consultation with our representatives.