On October 1st, 2024, Canada’s Federal Court began a new initiative to fast-track judicial reviews for rejected study permit applications.
This pilot project aims to reduce the processing time from 14 to 18 months down to five months, as it seeks to streamline the review process and reduce the backlog of cases.
According to Immigration News Canada (INC), the pilot project was developed with input from Immigration, Refugees and Citizenship Canada (IRCC), the Department of Justice (DOJ), and the Federal Court Citizenship, Immigration, and Refugee Law Bar Liaison Committee.
The program responds to a rise in rejected applications, which has reached record highs for the third year in a row.
What To Know
Reports inform that the Federal Court reported a sharp increase in immigration-related filings, with projections indicating it will process nearly 24,000 cases by the end of 2024. This number is said to be four times higher than annual filings before the pandemic.
Many study permit applicants face long waits for judicial reviews, which in turn could affect their education due to the delay.
According to INC, Chief Justice Paul Crampton commented on the situation, saying, “This will be a win-win for applicants, who will save significant time and costs, and for the Court, which will save scarce judicial and registry resources.”
How It Works
‘Under the new pilot project, the review process will not require a court hearing,’ INC informs. Judges will now assess the leave to appeal and the merits of the case at the same time. This change aims to simplify the process and conserve resources.
Changes To Note:
1. No Hearings Required: Applicants and respondents will not need to attend court hearings, which can extend processing times.
2. Simultaneous Determination of Leave and Merits: The project merges the two stages of the judicial review process, allowing judges to make decisions more efficiently.
3. Shortened Timeline: The total time for a judicial review will now be five months, allowing applicants quicker access to decisions.
Eligibility Criteria
INC reports that not every rejected study permit application will qualify for the pilot project. In order to participate, applicants must meet certain criteria:
- They must have received a letter of refusal from the IRCC.
- Both the applicant and the IRCC must agree to opt into the pilot project.
- Both parties must agree on the facts of the case.
- The case must be straightforward, with no findings of inadmissibility or national security issues.
- The application must be filed within standard deadlines without extensions.
Federal Court Senior Counsel Dupe Oluyomi-Obasi noted that both parties will submit a Simplified Certified Tribunal Record, including all relevant documents and reasons for the IRCC’s decision.
A Way Forward
The newly introduced judicial review process can greatly benefit prospective students. A member of the Citizenship, Immigration, and Refugee Law Bar Liaison Committee, Warda Shazadi Meighen,, explained, “This shortened timeline can make a significant difference in someone’s life. It can mean starting school in six months, as opposed to waiting two and a half or three years.”
The reduced wait times will help international students avoid missed semesters and deferred admissions.
Cost and Participation Details
There are no additional fees to participate in the Study Permit Pilot Project, INC reports. “The cost remains at $50 for filing an application for leave and judicial review. Applicants must submit their forms electronically and clearly indicate their participation in the pilot project.”
After filing, the judge will review the case based on the Simplified Certified Tribunal Record. There are three possible outcomes:
- Dismissal of Leave: The judge may uphold the refusal without providing reasons.
- Grant of Leave and Dismissal of Judicial Review: The judge may grant leave but dismiss the review, providing reasons for the decision.
- Grant of Leave and Judicial Review: The case may be sent back to the IRCC for reconsideration by a different officer.
The Study Permit Pilot Project moves to address the backlog of judicial reviews for rejected study permits. Hence, by simplifying the process, the Federal Court offers applicants a quicker path to resolve their applications.
This initiative is expected to have a positive impact on international students seeking to study in Canada. As the pilot progresses, its effectiveness will be closely monitored, with the potential to inform future immigration process improvements.
