The design of the Study Permit Pilot is intended to get to the heart of the key issues in each case and to shorten the period of time (maximum of 5 months to get a final determination).
The focus of these judicial review applications will be the facts of each case: we will have to demonstrate very clearly how the refusal is unreasonable in light of the documents and evidence in your application. The shorter submissions will have to be more precise and must touch on key evidence and legal submissions.
Finally, the time savings of this new pilot come from the fact that one judge will review and make a decision on the judicial review and there will be no need to wait for a hearing to be scheduled and have an oral hearing.
With rising refusal rates, many students with strong applications have been unjustly denied. For students that have submitted very strong applications but are unreasonably and unfairly refused, the new Study Permit Pilot allow you to get a response from the Judicial Review process faster, hopefully within the same academic year. This Pilot will allow students to plan accordingly and lose less time in their academic journey.
Given the shorter processing time and the elimination of the hearing, the costs associated with the Judicial Review process will also be reduced, allowing more students to access this remedy to overcome incorrect refusals.
If your study permit application has been refused and you submitted a complete application, you can reach out to us for a FREE assessment of your case. We will be able to tell you the best course of action: whether to apply for judicial review or whether you need to resubmit a stronger application.
We are also able to determine if your case is suitable for the
Study Permit Pilot or would be better pursued through the normal judicial
review process (this may be the case for some applications where there are
complications).
Why was my application refused?
There are a number of different reasons why an application for study permit can be refused. In order for your study permit application to be successful, you must convince the visa officer that you are a genuine student, have the financial resources to cover the cost of your studies and living expenses, and that you will leave Canada at the end of your studies. The most common reasons for refusals is that applicants do not contain sufficient proof regarding these factors. Unfortunately, the guidance provided on the government website only covers the minimum information and does not include details of how you can prove these factors and what explanations an officer is looking for.
If you believe that you have provided evidence regarding these factors in your study permit application but received a refusal decision, you may have a good chance to have your application reopened by pursuing an application in Federal Court. Each case is unique based on the documents and information provided in your application. Before you decide how to proceed, you will need to have your full application reviewed by an immigration lawyer to determine the suitability of your application for Federal Court.
Why has the refusal rate for study permits increased?
The rate of refusals for study permit applications has increased dramatically in 2020 and 2021 across the globe. In some countries, the acceptance rate has fallen from over 70% to lower than 40%. The global pandemic has impacted acceptance rates but there are also other reasons driving up higher refusal rates including use of Artificial Intelligence (AI) software to analyze study permit applications, country conditions, the rate at which students from each country have studied in Canada, and so on.
Another important reason for the higher refusal rates is the increase in the number of total applications for study permits. The number of new study permit applications in 2016 just over 230,000 and 69% of these were accepted whereas this number increased to over 420,000 in 2019 with an acceptance rate of 60%. That means the number of new students coming to Canada increased from approximately 160,000 in 2016 to almost 260,000 in 2019. We know that the approval rates have gone done in 2020 due to the pandemic and the global acceptance rate for from January to November 2020 was down to 47% with less than 90,000 study permit applications approved.
Will a prior visa refusal impact my study permit application?
Your prior visa application history is one of the factors that is considered in your study permit application. It is possible that a study permit application is accepted after being refused one or two times because it is theoretically possible to identify the missing information or documents that led to the refusal and ensure that the new application is more complete and addresses any prior concerns raised by the prior refusals. However, with the increased adoption of AI software to review and analyze visa applications, the prior visa refusals weigh more heavily against a positive decision, making it less likely that your application will be accepted.
What is an Application for Leave & Judicial Review in Federal Court?
An application for leave and judicial review is a process in Federal Court to review a decision made by a visa or immigration officer. Our goal in a JR application is to show that the refusal decision should be overturned either because it is unreasonable or because it was procedurally unfair.
How long does the Judicial Review process take?
Each application in court is unique. An application can settle early upon receiving consent from the government or it may need to go through the full process in court for a judge to determine whether leave will be granted and if yes, the outcome will be determined after a hearing takes place. The average processing time for our study permit applications to reach settlement is currently 2-4 months.
What are the possible outcomes of the Judicial Review process? Will I receive a visa approval at the end of a successful Judicial Review in Federal Court?
An application for Judicial Review can be successful either by receiving consent from the government to settle the matter or by receiving a decision after a hearing has been held and the judge determines that the refusal decision must be set aside.
If the government does not consent to settle the matter, a judge will determine if leave is to be granted to hear the case argued. The judge at the leave stage may decide that a decision does not need to be heard and therefore dismiss the Judicial Review application. If they determine that a hearing is required, then a hearing date will be set and a decision will be issued after the hearing has concluded.
When a Judicial Review application is successful in receiving a positive result from a hearing, the judge will set aside the refusal and send the application back to be redetermined by a different officer. It is extremely difficult to receive a directed verdict where the judge orders that a visa should be issued. Therefore, applications that are either settled or receive a positive decision will be reopened at the visa office and redetermined by a different officer.
What happens after my Judicial Review application in Court is successful?
The successful outcome of a JR will allow your refusal to be set aside and your application reviewed again by a different officer. As part of the redetermination of you will normally be given a chance to provide updated documents.
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