Canada Started New Pilot Projects To Streamline Reviewing Process Of Rejected Study Permits 

There is good news for you if you apply for a Canada Study Permit, but unfortunately, your study permit application was rejected during the review process. Canada’s Federal Court has established the Study Permit Pilot Project to expedite the process of seeking judicial review of study permit applications that have been denied. This new program will start from 1st October. 

So, if you are one of those students who applied for a Canada Study Visa, this guide is for you. This article will provide details about the New pilot project. But, before moving ahead, let us give you an overview of the new pilot projects. 

New Pilot Projects For Rejected Study Permits – An Overview 

This pilot program is designed for individuals petitioning for leave, and judicial review of study permit denials can finish the process in less than five months under the pilot instead of the present processing time of 14-18 months.

It allows individuals to appeal an immigration judgment by asking for leave and judicial review, a process that the Federal Court of Canada grants. 

Under normal circumstances, a judge makes the initial decision about giving an applicant permission to proceed with judicial review. If this leave is granted, the judicial review case is heard and evaluated based on its merits. The new Study Permit Pilot Project will assess leave petitions concurrently with court review.

Participating in the initiative is free of charge; however, requesting a leave of absence and court review will set you back $50. 

Eligibility Criteria 

Students are eligible for the Study Permit Pilot Project if they have applied for a Canada Study Permit and received a refusal letter from the Canadian Immigration Authority, IRCC(Immigration, Refugee and Citizenship Canada). However, the following are some other eligibility criteria that must be fulfilled. 

1. The applicant, a prospective student, consents to take part in the pilot study, as does the IRCC; 
2. Both parties concur on the fundamental facts, as shown by the application papers the applicant filed with the IRCC, which included the complete justification for the IRCC’s ruling; 
3. The case’s facts and issues—either the original application for a study permit, the IRCC’s denial, or both—being clear-cut (e.g., no factual or legal questions about national security or admissibility, and no need for a certified question); 
4. Under this, the applicant does not have to ask for an extension of time to submit the leave application; 
5. The parties refrained from introducing affidavit evidence, as this new pilot project prohibits the introduction of new evidence through affidavits. 

Canada Study Visa applicants applying from within Canada have 15 days from the day they get their Canada Study Permit application refusal to apply for this new pilot program. On the other hand, candidates applying from outside Canada have 60 days from the day they get their study permit application refusal to apply for this new pilot program. 

Steps To Apply For The Program 

The following information explains the Court Electronic Filing Process: 

1. All documents must be filed online.
2. Applicants for judicial review and leave should use the Form IR-1.
3. The pilot project is mentioned in three specific applications.
4. The judge decides and notifies applicants.

Why Are IRCC And The Federal Court initiating This Program? 

The following information explains the reasons behind the Canadian Federal Court’s Joint Pilot with IRCC:

1. Canadian Federal Court initiated a joint pilot with IRCC due to increased leave and judicial review requests.
2. The Federal Court is expected to receive 24,000 immigration filings by December, four times the yearly average in the five years preceding the COVID-19 pandemic.
3. New Policies for Canada’s International Students and Graduates
4. The immigration department aims to reduce temporary residents due to affordability and housing stock pressures.
5. IRCC announced the first-ever cap on international students in January, limiting the number of newly issued study permits to 485,000 in 2024.
6. Immigration Minister Marc Miller announced additional measures, including reducing study permit targets by 10%, including master’s and PhD students and limiting Post-Graduation Work Permits (PGWeligibility Ps) to international graduates. 

Conclusion 

Canada has launched the Study Permit Pilot Project to expedite the review of rejected study permit applications. Starting October 1, the program aims to reduce processing time by 14-18 months. It allows individuals to request leave and judicial review, with eligibility criteria including a refusal letter, agreement, clear case facts, and no affidavits.

For more updates about Canadian Immigration or Canada Study Permit, contact Province Immigration via +91 98961 96762 or info@provinceimmigration.com 

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