Canada's Study Permit Pilot Project aims to streamline the judicial review process for rejected study permits. Set to launch on October 1, the initiative reduces the processing time from up to 18 months to just five months. Find out who is eligible and how to apply.
International students who were denied a Canadian study permit have reason to celebrate! Canada’s Federal Court has launched a new pilot project that aims to significantly speed up the appeals process.
Starting October 1, Canada is introducing a new initiative that could benefit international students whose study permit applications were rejected. The Study Permit Pilot Project is designed to expedite the judicial review process for denied study permits.
What Is the Study Permit Pilot Project?
The Study Permit Pilot Project is a new initiative by Canada’s Federal Court, launching on October 1, to expedite the judicial review process for rejected study permit applications. It aims to reduce processing time from 14-18 months to under five months, streamlining appeals.
Current Process for Reviewing Rejected Applications
Under the current system, appealing a rejected Canadian study permit application through judicial review can take between 14 to 18 months. The process begins when an individual requests leave and judicial review to challenge an immigration decision, a procedure overseen by the Federal Court of Canada.
In the current setup, a judge first decides whether to grant the applicant permission (leave) to proceed with the judicial review. If the judge grants leave, the case moves forward and the court assesses it on its merits.
However, under the new Study Permit Pilot Project, the court will consider both the leave request and the actual review at the same time.
No Extra Fees
The good news? There are no additional fees to opt into this new pilot. The standard $50 fee for filing a judicial review remains unchanged.
Eligibility Criteria for the Study Permit Pilot Project
To qualify for Canada’s Study Permit Pilot Project, students must meet specific criteria aimed at simplifying the review process for rejected study permits. Here’s a breakdown of the eligibility requirements:
1. Study Permit Refusal: Applicants must have previously applied for a Canadian study permit and received a refusal letter from Immigration, Refugees, and Citizenship Canada (IRCC).
2. Opt-In Agreement: Both the student (referred to as the applicant) and IRCC must agree to participate in the pilot project. This means both parties must be willing to proceed under the new streamlined process.
3. Agreement on Facts: The applicant and IRCC must agree on the facts presented in the initial application. This includes all the materials submitted to IRCC and the reasons given for the refusal. There should be no disputes over the underlying facts of the case.
4. Straightforward Case: The case must be simple, without complex legal or factual issues. For example, cases involving inadmissibility or national security concerns, or those requiring a certified question, are not eligible.
5. Timely Filing: Applicants must file their request within the specified timeframe.
• Applicants from outside Canada must file their request within 60 days of receiving the refusal notice.
• If applying from within Canada, students have 15 days from the date of refusal to submit their application.
6. No New Evidence: The pilot project does not allow for the introduction of new evidence through affidavits. This means applicants cannot present new information beyond what they originally submitted.
7. No Extension Requests: The applicant must not need an extension to file the Application for Leave. This is to ensure the expedited nature of the pilot project is maintained.
Applying to the Study Permit Pilot Project
To apply for the Study Permit Pilot Project, follow these steps:
Meet the Deadline: The application deadline is 15 days for applicants already in Canada and 60 days for those applying from outside Canada.
Electronic Submission: All documents must be submitted electronically through the court’s electronic filing system.
Use Form IR-1: Use Form IR-1, the designated application form for Leave and Judicial Review.
Clearly Indicate Participation: Ensure that the Pilot Project is mentioned in three specific sections of the application form. This information should be provided to indicate your participation in the pilot program.
By following these steps and meeting the eligibility criteria, you can submit your application for the Study Permit Pilot Project and potentially expedite the appeal process for your rejected study permit.
A Step Towards Fairness and Speed
This new pilot project offers a faster, more efficient way for international students to appeal their rejected study permit applications, potentially clearing the way for more students to pursue their educational dreams in Canada.
Source: https://travelobiz.com/canada-introduces-fast-track-review-for-rejected-study-permits/
