The Judicial Review of a denied study permit in Canada can take a year or more, but there are changes and they are good ones! Because as of October 1, 2024 the pilot project aimed at simplifying this procedure started. The Federal Court of Canada recently introduced this project that seeks to streamline the Judicial Review process, making it more efficient, affordable and accessible to international students. I invite you to read this article from our Immiland Canada Blog to learn how to opt into the pilot and speed up your review wait time. Let's get started!
This pilot project focuses on streamlining the judicial review process for rejected study permit applications and dependent-related temporary resident visas. Here's how it works:
Thepilot reduces the number of procedural steps involved in the Judicial Review. It will now be done in one step. The same judge who grants the authorization will also review the merits of the case.
Instead of submitting affidavits, legal memoranda and multiple records, both parties will submit simplified summaries of no more than four pages.
Unlike traditional judicial reviews, this process eliminates the need for a hearing. Decisions are based on the documents submitted, which shortens the time to render a decision.
Those with a simple case will be eligible for the pilot, meaning that issues such as inadmissibility or national security concerns will remain under the regular procedures (which take longer).
Important: cases that focus on simple legal and factual issues are suitable for this pilot.
Do you need guidance from a Canadian immigration consultant or lawyer about your study permit or visa? Immiland Canada can help you. Schedule a free consultation or request a free evaluation.
Many students have missed important academic dates due to delays typical of the Judicial Review process, but that will no longer be the case thanks to the implementation of the pilot. Here I share the new benefits for international students:
This new process aims to issue a decision within five (5) months.
Students will be able to receive a ruling within the same academic year they are studying, thus ensuring continuity in their studies without the worry of delay and the uncertainty of losing the year or semester.
This objective favors both parties (respondent and petitioner), since by eliminating the need for extensive documentation and legal memoranda, as well as eliminating hearings, both students and the Department of Justice will save on legal and administrative expenses. This cost reduction is particularly beneficial for international students, who already have to pay high tuition fees.
This process is simple and is presented in three (3) steps:
Important: both parties must agree on the facts and submit the package for the study permit.
If you have any doubts about this step, you can request an immigration consultation with the Immiland team.
No, the pilot is voluntary and both parties have the option to return to the regular Judicial Review process through a Rule 369 motion before the defendant files its simplified submission form. In addition, the Federal Court may transfer a case out of the simplified procedure if it finds that it is not suitable for the pilot.
Given the recent changes, limitations and reductions in study permits implemented by the IRCC that affect international students, it is necessary to reflect on the adjustments the government is making to balance the immigration process itself. It is not a matter of closing the doors to Canada or of reducing the opportunities for academic training here, but rather of organizing the arrival of temporary foreigners.
A denied study permit can discourage any student, true, but Canada also offers solutions and the Federal Court's Study Permit Pilot Program is a good step to speed up the Judicial Review, reduce the costs of the process and issue decisions in a timely manner.
We encourage all international students who are going through the rejection of their study permit in Canada to opt for this fast and affordable pilot in order to continue their studies in this beautiful country.
This is as far as I will go with you for today. Thank you for reading. If you have any questions about this topic, please write to info@immilandcanada.com. Learn more about Immiland Canada here.
We hope your study permit will be approved very soon!
With love,
Immiland Canada
.jpg)
.jpg)
