In response to a surge in immigration-related cases, the Federal Court of Canada is introducing a new pilot project aimed at expediting the judicial review of study permit refusals. This initiative, set to begin on October 1, 2024, provides an efficient and faster pathway for applicants to challenge rejected study permit applications. As part of this innovative approach, the judicial review process is expected to be significantly shortened, creating new opportunities for international students to swiftly address refusals without the burden of a lengthy legal process.
Why the Pilot Project?
With immigration cases at record highs—the Federal Court expects to process 24,000 new filings this year alone—there has been an urgent need to streamline case handling. This number is four times the average pre-pandemic filings. To address this growing volume and ensure applicants receive timely decisions, the Federal Court has collaborated with the Department of Justice and the Citizenship, Immigration and Refugee Law Bar Liaison Committee to launch this pilot project, focusing specifically on study permit rejections.
Key Benefits of the Pilot Project
No Hearings Required: A significant advantage of this pilot project is that applicants and their legal representatives are not required to attend a hearing. This removes a time-consuming and costly aspect of the traditional process.
Simultaneous Determination of Leave and Merits: Under the regular judicial review process, the Federal Court must first grant “leave” before hearing the merits of the case. However, under this pilot, these steps are merged, allowing both leave and merits to be determined simultaneously. This reduces procedural hurdles, saving time for both the court and the applicants.
Shortened Timeline: One of the most attractive features of this initiative is the significantly reduced timeline. What typically takes 14 to 18 months under the standard process is now expected to be completed in just 5 months. This fast-tracking is particularly beneficial for students who may be under tight deadlines for reapplying or planning their studies in Canada.
Eligibility Criteria
To participate in the pilot project, applicants must meet the following criteria:
- Rejected Study Permit Application: The case must involve a rejected study permit application.
- Mutual Agreement to Opt-In: Both the applicant and Immigration, Refugees, and Citizenship Canada (IRCC) must agree to participate.
- Agreement on Underlying Facts: The facts of the case, as submitted in the study permit application and IRCC’s decision, must be undisputed by both parties.
- Non-Complex Cases: The case should not involve complex legal issues such as inadmissibility or national security, and there must be no request for a certified question.
- No Extensions or Affidavits: The applicant must not seek an extension of time to file, and no affidavits are allowed in the submission.
- Simplified Certified Tribunal Record: IRCC must provide a Simplified Certified Tribunal Record for the judicial review process.
How Does This Impact You?
For international students who have had their study permits refused, this pilot project provides a clear and expedited path to challenge the decision. The streamlined process removes the need for hearings, cuts out unnecessary procedural delays, and offers a decision on both leave and merits concurrently. As a result, applicants can expect faster resolutions and avoid the lengthy backlogs that typically characterize the judicial review process.
This new option opens doors for applicants who need to quickly address a refusal and get back on track with their educational plans in Canada. It also reduces the emotional and financial strain that can come with lengthy legal proceedings.
Next Steps and Resources
If you believe you are eligible for the judicial review under this pilot project, it’s important to consult with an experienced immigration lawyer who can guide you through the process. Titan Law Corporation offers expert legal support and can help you determine your eligibility, file the necessary paperwork, and represent your case efficiently.
To learn more about study permits and the judicial review process, visit the IRCC website or review the Federal Court’soptions for study permit refusals.
If you are facing a study permit refusal, don’t wait—contact Titan Law Corporation today for a free eligibility consultation.
The Federal Court’s pilot project, starting October 1, 2024, streamlines the judicial review process for rejected study permit applications. It eliminates hearings, combines procedural steps, and shortens the timeline from up to 18 months to just 5 months.
Applicants whose study permit applications were rejected, and who meet specific criteria, including mutual agreement with IRCC to opt in, non-complex cases, and agreement on the underlying facts of the case.
No. One of the key benefits of the pilot project is that hearings are not required, simplifying and speeding up the process.
The pilot project provides an opportunity for a judicial review, not an appeal. Judicial review focuses on assessing whether the original decision was made fairly and lawfully.
The process is expected to be completed within 5 months, compared to the usual 14-18 months for traditional judicial review.
