Canada Introduces Pilot Project for Faster Review of Rejected Study Permits

Are you worried about the delays in challenging a rejected Canadian study permit? Well, Canada's new Study Permit Pilot Project aims to speed things up. It can shorten the process from over a year to just five months, making it easier and quicker to seek a judicial review.

Unlike the usual procedure, where a judge first decides whether to grant permission before reviewing the case, this pilot combines both steps into one streamlined process. The pilot project combines these steps, drastically reducing the wait time.

You won't incur any additional fees to participate in the project. However, there is a $50 filing fee for leave and judicial review. The process becomes more accessible without adding financial burdens for applicants.

What is the Application Process for Canada's Study Permit Pilot Project?

An application for leave and judicial review is a legal process wherein an individual seeks the Federal Court of Canada's consent to review and potentially overturn an immigration decision.

To apply, you must submit all the relevant documents online using the court's electronic filing system.

Begin by submitting an application for Leave and Judicial Review using Form IR-1, and be sure to mention the Pilot Project in three specific sections of the application. For more details, you can refer to the official guidelines.

Once you submit your documents, a judge will review your application and notify you of their decision.

If you need additional support, feel free to reach out to ImmiLaw Global. Our team is ready to help you navigate the application process and address your concerns.

Who are Eligible for the Study Permit Pilot Project?

• An IRCC Visa Officer must have refused the Applicant's study permit application.
• Both the student (Applicant) and the Minister of Citizenship and Immigration (Respondent) must agree to opt in.
• The Applicant and Respondent must agree on all IRCC study permit application facts.
• The facts or issues surrounding the Applicant's study application or its refusal must be straightforward. This means there should be no findings of inadmissibility (such as misrepresentation), no questions regarding national security, and no new or unique legal arguments.
• The Applicant should not require an extension of time to file the Application for Leave.
• The Applicant and the Respondent will not submit affidavit evidence, as introducing new evidence is prohibited under the Study Permit Pilot Project.

You must file all your documents using the Court's Electronic Filing System (E-Filing) at Federal Court - E-Filing (fct-cf.gc.ca).

What are the Advantages of the Study Permit Pilot Project?

The Study Permit Pilot Project offers significant time savings for the applicant. By opting in, you can bypass several standard steps in the process of requesting a judicial review of your study permit refusal.

While the Court's general procedure typically takes 14 to 18 months to review a study permit refusal, the Pilot Project may shorten this timeframe to five months.

This streamlined approach allows you to make a quick decision and facilitates your path to studying in Canada. We at ImmiLaw Global are here to help you every step of the way, ensuring you navigate the process efficiently and confidently.

When to file your Application for Leave and Judicial Review under the Study Permit Pilot Project?

Students who applied for a study permit from within Canada must file their Application for Leave and Judicial Review within 15 days of receiving their refusal.

Those who applied from outside Canada have 60 days from the date of their refusal to submit their request. Adhering to these timelines is crucial for ensuring your application is considered under the Study Permit Pilot Project.

• Ensure an IRCC Visa Officer has refused your study permit application.
• Confirm your location when you received the refusal:
• If in Canada, remember to file within 15 days.
• If outside Canada, ensure you file within 60 days.
• Verify that you meet all criteria for the Study Permit Pilot Project.
• Make sure you have opted into the Study Permit Pilot Project and that your application is compliant.
• Include your Study Permit Application Number and Unique Client Identifier (UCI) from IRCC in your application.
• When preparing the Simplified Submissions Form, remember to limit your initial and reply submissions to three (3) decisions.

You may visit the website Federal Court - E-Filing Resources (fct-cf.gc.ca) E-FILING GUIDE (fct-cf.gc.ca)

What Happens After the Judge Reviews My Case?

There are three possible outcomes you may expect after the Judges review:

• Dismissal of Leave: The judge may decide to dismiss your leave application, meaning the decision made by the IRCC Visa Officer stands, and your study permit remains refused. In this case, the judge will not provide any reasons for the dismissal.
• Granting Leave but Dismissing the Application for Judicial Review: The judge may grant leave but then dismiss your application for judicial review. This means the judge agrees with the IRCC Visa Officer's decision and will explain their ruling. Your study permit may still be refused.
• Granting Leave and the Application for Judicial Review: The judge may grant both leave and your application for judicial review. In this scenario, the judge disagrees with the IRCC Visa Officer's decision and will provide reasons. Your case will then be sent back to IRCC for redetermination by a different Visa Officer.

In all these scenarios, the process is conducted entirely in writing.

You need not attend an oral hearing or go to court. As a result, your case's adjudication becomes more efficient and manageable. This approach streamlines the process and helps save time and resources.

What happens if you miss the Deadline for the Study Permit Pilot Project?

If you miss the deadline to file your Application for Leave and Judicial Review, your case cannot be considered under the Study Permit Pilot Project.

Unfortunately, missing this deadline means you cannot participate in the project, which could impact your ability to challenge the refusal of your study permit effectively. Hence, it is crucial to adhere to the specified timelines to ensure your application is eligible for consideration. With the support of an authorized consultant or immigration lawyer, you may overcome this hurdle.

Should the Applicant go to court?

No, you are not required to appear in court. Instead, you will submit all your documents to the court using the E-Filing System.

Under the Study Permit Pilot Project, a judge will decide after reviewing your arguments, those of the Minister of Citizenship and Immigration, and the facts of the case included in the Simplified Certified Tribunal Record. You will then receive notification of the judge's decision. So, the Pilot Project is entirely a written application and decision-making process.

Our immigration lawyer at ImmiLaw Global will assist you by preparing your documents, guiding you through the E-Filing process, representing you in your case, and keeping you updated on any decisions made. With our ability, you can direct the immigration process smoothly and confidently.

Why Are the Federal Court and IRCC Taking These Measures?

The Federal Court has initiated a joint pilot project with the IRCC in response to a significant rise in leave and judicial review requests.

The Court expects to receive approximately 24,000 immigration filings by the end of December, nearly four times the annual average experienced in the five years before the COVID-19 pandemic. The data highlights the increasing demand for efficient resolution of immigration issues, prompting both the Federal Court and IRCC to collaborate on measures that expedite the review process.

IRCC has launched new policies to address affordability and housing challenges, specifically targeting the admission of international students and graduates. In January, IRCC implemented a cap on new study permits, limiting the total to 485,000 for 2024 while exempting master's and PhD students from this restriction.

Recently, Immigration Minister Marc Miller announced plans to reduce study permit targets by 10% for 2025 and include graduate students in the revised limits.

Additional measures include introducing language eligibility criteria for Post-Graduate Work Permits and narrowing the eligibility for Spousal Open Work Permits based on program length. These measures aim to ensure a balanced approach to immigration while addressing pressing domestic concerns.

You may contact us  anytime for any concerns regarding study permit rejection. Our immigration lawyer and team will help you navigate the process efficiently and, in a time-sensitive manner.

Read More: Canada Targets Quality Over Quantity: 437,000 Study Permits for International Students in 2025