Canada’s Federal Court has initiated a pilot project to expedite the judicial review process for study permit application rejections. The project aims to reduce the processing time from the current 14-18 months to just five months, providing a timely response to the rising number of Canada study permit rejection rate.
Reason for the Initiative
The timing of this initiative is critical as Canada’s immigration system faces an unprecedented increase in application rejections. For three consecutive years, rejection rates have reached record highs, stretching the court’s resources. Post-Covid-19 pandemic, the federal court anticipates handling nearly 24,000 immigration-related cases by the end of 2024—a significant increase from pre-pandemic averages.
How the Pilot Project Works
Chief Justice Paul Crampton explained that under this new initiative, hearings are not required. Judges can rule on leave and judicial review simultaneously, benefiting both applicants and the court system by saving time and reducing costs.
Partnerships and Criteria
Launched in partnership with Immigration, Refugees and Citizenship Canada (IRCC) and other key stakeholders, including representatives from the Department of Justice (DOJ) and private legal professionals, the pilot requires both parties to agree on case facts through a Simplified Certified Tribunal Record.
Impact on Indian Students
Indian students form a significant proportion of Canada’s international student population, with more than 226,000 new study permits issued in 2022 alone. Despite high interest, rejection rates for Indian applicants average between 40-50%, often due to doubts over their intent to return home post-study or insufficient financial resources.
By speeding up judicial reviews for rejected study permits, Canada’s Federal Court aims to alleviate existing pressures on its immigration system while ensuring that students receive quicker resolutions.
How to Apply for the Study Permit Pilot Project After a Refusal
Students who have received a study permit refusal letter from Immigration, Refugees and Citizenship Canada (IRCC) might qualify for the Study Permit Pilot Project, provided they meet specific criteria. This initiative aims to streamline the process for eligible applicants seeking reconsideration of their refusal.
Eligibility Requirements:
- Agreement to Participate: Both the student and IRCC must consent to participate in the pilot project.
- Simple Case Criteria: The case should be straightforward without intricate legal issues such as inadmissibility or national security problems.
- Applicants must adhere to a strict timeline, and the court does not permit any extensions for filing an application.
- Evidence Restrictions: Introduction of new evidence via affidavits is not allowed under this program.
Students applying from within Canada must submit their applications within 15 days of their refusal date. Those applying from outside Canada have 60 days to submit. All documents should be filed online using the court’s electronic system. Participants must use Form IR-1 for the Application for Leave and Judicial Review, specifically mentioning the Pilot Project in three designated sections. Additional details are available on the court’s website. A judge will review the submissions and notify applicants of the decision based on the original documentation and rationale provided by IRCC at the time of refusal.
It is crucial for both parties to agree upon the facts presented in the initial application materials, including a comprehensive explanation of Canada study permit rejection rate.
