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Canada Targets Faster Resolution of Study Permit Rejection Cases


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Canada Targets Faster Resolution of Study Permit Rejection Cases

Canada’s Federal Court has initiated a pilot project aimed at simplifying the adjudication process for rejected study permits and tackling the swiftly rising volume of immigration-related court cases.

Beginning on October 1, 2024, this initiative is designed to alleviate the backlog of cases and provide a quicker, more streamlined process for international students pursuing a judicial review of their denied applications.

This announcement comes in the wake of unprecedented immigration cases in the Federal Court. In 2024, a Global News report indicates that the Court expects to receive 24,000 immigration-related filings, marking a fourfold increase from pre-pandemic levels.

The significant pressure from the influx has led the court system to streamline and accelerate specific cases, particularly those related to international students’ study permits.

A Summary of Recent Changes

  • Initiation of Pilot Project: On October 1, 2024, the Federal Court launched a pilot project aimed at streamlining the judicial review process for denied study permits, cutting the review period from 14 to 18 months down to five months.
  • Rising Immigration Cases: Canada’s Federal Court is experiencing a significant increase in immigration-related cases, anticipating 24,000 filings in 2024, largely due to the rejection of study permits for international students.
  • Criteria for Eligibility: For the project qualification, both the applicant and IRCC must reach an agreement on the facts. Cases that involve complex legal issues or inadmissibility will not be included in the streamlined process.
  • Streamlined Procedures: The pilot removes the need for in-person hearings and merges the application for leave with merits decisions into one step, providing a faster resolution for rejected study permits.
  • Challenges and Impact: Although the pilot provides quicker resolutions for simple cases, more intricate disputes will continue to adhere to the conventional review process, resulting in extended timelines for certain students.

Modifying Regulations

Canada’s exceptional education system and advantageous post-graduation work opportunities attract international students. Nonetheless, the surge of students in the last ten years has resulted in difficulties in handling applications. By 2024, over 800,000 international students will be registered in Canada’s educational institutions, establishing it as one of the leading destinations for aspiring students worldwide.

The increasing volume of applications has resulted in delays, rejections, and, in numerous instances, legal actions as students seek recourse through the courts. The Federal Court has experienced a significant increase in immigration cases following the COVID-19 pandemic, primarily concerning study permit rejections. Chief Justice Paul S. Crampton recognized the strains of an overloaded system, which led to the initiation of the pilot project.

“This will benefit applicants by saving them significant time and costs, while also aiding the Court in conserving valuable judicial and registry resources,” he stated in a release.

In 2024, the Canadian government implemented new regulations and more stringent requirements for study permits, further complicating the situation for international students. The recent changes, including caps on permits and heightened financial requirements, have created additional challenges for numerous students seeking to qualify for study permits. Consequently, an increasing number of students are seeking legal avenues to contest rejections, leading to an unprecedented rise in court cases.

The Study Permit Pilot Initiative

Initiated on September 26, 2024, the pilot project of the Federal Court aims to address judicial reviews concerning denied study permit applications under section 72 of the Immigration and Refugee Protection Act. The project implements various procedural modifications aimed at enabling applicants and government representatives to swiftly resolve disputes, reducing the timeline for judicial review from the usual 14–18 months to a mere five months.

Criteria for Eligibility

For participation in the pilot project, both parties engaged in the dispute. The applicant and Immigration, Refugees and Citizenship Canada (IRCC) must consent to the following terms:

  • The application for the study permit has been denied.
  • The parties choose to participate in the pilot project and concur on the foundational facts, as demonstrated by the application materials provided to IRCC, which include the complete rationale for the rejection.
  • The case is straightforward, indicating that there are no legal concerns regarding inadmissibility, national security, or requests for certified questions.
  • The applicant does not seek an extension to submit the Application for Leave.
  • Neither party has filed any affidavits.
  • IRCC offers a Simplified Certified Tribunal Record.

These criteria facilitate a faster resolution.

Optimizing Processes

The pilot project presents three important procedural modifications that streamline the judicial review process for denied study permit applications:

  • No Hearings Necessary: Judicial reviews consist of written submissions and oral hearings. Under the pilot program, parties present their cases in written form, and a judge will decide without conducting an in-person hearing. This modification is anticipated to conserve time and resources for both the Court and the applicants.
  • Advantages of the Situation: Judicial review is typically divided into two stages: initially, a judge must determine whether to grant leave for the applicant to proceed and if leave is granted, the judge then hears the merits of the case. The pilot project enables the simultaneous consideration of the leave application and the merits of the case. If leave is granted, the judge will promptly make a ruling on the merits, thereby circumventing the delays associated with a two-stage process.
  • Condensed Timeline: The typical procedure for judicial review of study permit denials may extend beyond a year to finalize. Under the pilot project, the objective is to resolve cases within a five-month timeframe. This condensed timeline serves students seeking a swift resolution to start or resume their studies with minimal interruption.

Efficiency

The pilot project is essential to tackle the increasing backlog of particularly study permit cases. For numerous international students, delays in the court process may result in losing their university placement, forfeiting scholarships, or missing essential deadlines. The Federal Court seeks to simplify the process, aiming to lessen the financial and emotional burden on students while assisting them in achieving timely resolutions.

Nonetheless, certain legal experts express concerns regarding the limitations of the pilot project. Numerous study permit rejections encompass intricate matters like inadmissibility or disagreements regarding the precision of IRCC’s decision-making, potentially necessitating a more thorough examination and oral hearings. Consequently, these cases will continue to follow the conventional, more time-consuming procedure.

The Effects on International Students

International students can now quickly appeal study permit rejections under the trial experiment. Opting in lets students skip delays and focus on their schoolwork.

However, only some accepted applicants will be eligible for the pilot study. Complex legal proceedings may take longer for students. As the pilot project progresses, its efficacy and ability to manage more cases must be assessed.

The Federal Court’s Study Permit Pilot Project improves foreign student judicial review and addresses the rising number of immigration disputes. For denied study visa applicants, the trial approach aims to resolve issues faster. The pilot offers optimism to an overburdened court system and helps overseas students navigate Canada’s immigration procedure.

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