The Federal Court of Canada has launched a new pilot project to expedite judicial reviews of rejected study permit applications, beginning on October 1, 2024. This initiative aims to streamline the review process, enabling international students to receive decisions more quickly and reduce the administrative burden on the legal system. With immigration cases surging to 24,000 new filings this year—four times the pre-pandemic average—this project was created in collaboration with Immigration, Refugees, and Citizenship Canada (IRCC) and the Federal Court Citizenship, Immigration and Refugee Law Bar Liaison Committee.
Structure and Key Benefits of the Pilot Project
The Study Permit Pilot Project introduces several modifications to the traditional judicial review process, making it simpler and more efficient for applicants. These adjustments include:
No Hearings Required: One of the most time-saving aspects is that hearings are not required. This eliminates a traditionally complex and costly step, benefiting both applicants and the Court.
Simultaneous Determination of Leave and Merits: The pilot project merges the two-step review process into one, simultaneously deciding on both the “leave” (the preliminary permission to review the case) and the merits of the application. This procedural shift prevents prolonged wait times and allows for faster outcomes.
Shortened Timeline: Under standard procedures, judicial reviews typically take 14 to 18 months. However, under this pilot, the entire process is expected to be completed within 5 months. This is particularly beneficial for international students needing quick resolutions to move forward with their educational plans.
Chief Justice Paul Crampton emphasized the benefits for both parties, highlighting that applicants would save time and costs while the Court would conserve scarce judicial and registry resources. This efficient structure also aims to address the backlog and high volume of cases related to immigration.
Eligibility Criteria
To qualify for the Study Permit Pilot Project, applicants must meet the following criteria:
Rejected Study Permit Application: The case must involve a refusal of a study permit application. Other immigration categories are not included in this pilot.
Mutual Agreement to Opt-In: Both the applicant and the IRCC must agree to participate in the pilot project. Consent from both parties is essential.
Agreement on Underlying Facts: The facts of the case, including those presented in the original study permit application and the IRCC’s decision, must be undisputed by both sides. This ensures that the review focuses solely on legal interpretations rather than factual discrepancies.
Non-Complex Cases: The pilot is reserved for straightforward cases that do not involve complex legal questions, such as inadmissibility or national security concerns. Additionally, there must be no requests for certified questions.
No Extensions or Affidavits: Applicants cannot request an extension for filing deadlines, and no additional affidavits or new evidence can be introduced. The review is based exclusively on the documentation originally submitted to the IRCC.
Simplified Certified Tribunal Record: The IRCC must provide a Simplified Certified Tribunal Record for the judicial review. This document is essential to facilitate the expedited process by limiting the documentation to only the most relevant details.
Impact on Applicants and Broader Immigration Trends
This pilot project represents a significant shift in how rejected study permits are handled, potentially offering relief to international students facing prolonged uncertainty. The project’s design aims to address the high volume of rejected study permit applications, offering a structured yet swift pathway for students to challenge refusals without lengthy delays.
However, this initiative also comes at a time of heightened scrutiny of the international student program. Recent data from IRCC showed that 12,915 refugee claims were made by international students between January and August 2024 alone—either from students holding study permits (11,605) or study permit extensions (1,310). This surge in refugee claims has raised concerns about misuse of the student visa system, with Immigration Minister Marc Miller suggesting that some students may be using study permits as a “backdoor entry into Canada.” The growing trend has prompted calls for stricter screening and monitoring of international students by educational institutions.
Given these complexities, students seeking to challenge their study permit refusals under this pilot project must ensure their cases align with the eligibility criteria. Consulting an experienced immigration lawyer is crucial for navigating these streamlined yet specific requirements.
