- Manan Gupta
- 2024/09/26
The Federal Court is launching a pilot project to streamline the process to request judicial review of rejected study permit applications.
Those rejected requests are part of the recent surge of immigration proceedings filed with the Court, establishing 2024 as a third consecutive record-breaking year.
The Federal Court is on track to receive 24,000 immigration filings by the end of the December. That is approximately four times the yearly average the Court experienced in the five years immediately preceding the COVID-19 pandemic.
Under the Study Permit Pilot Project, people who apply for leave and judicial review of their study permit refusals will complete the entire procedure in 5 months, rather than the current 14-18 months.
Federal Court Chief Justice Paul Crampton stated that the pilot project will not require a hearing, and will allow judges to rule on leave and judicial review, simultaneously.
He added: “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.”
This initiative is in partnership with Immigration, Refugees and Citizenship Canada (IRCC) and members of the Federal Court Citizenship, Immigration and Refugee Law Bar Liaison Committee (which includes representatives from the Department of Justice (DOJ) and the private bar).
There are several criteria for the pilot project, including that both the prospective student and IRCC must choose to take part – and that they agree on the facts.
“Those facts will be contained in something called a Simplified Certified Tribunal Record, which contains the application package that the student sends to IRCC to apply for the study permit,” said Dupe Oluyomi-Obasi. Ms Oluyomi-Obasi is Senior Counsel and Deputy Director with the Department of Justice (DOJ) and one of the DOJ members of the Court’s Liaison Committee, in a video presentation organized by the Federal Court.
In the same video, Warda Shazadi Meighen, a private bar member of the Committee, said the shorter timeline can make a “significant” difference in someone’s life. “It can mean starting school in 6 months, as opposed to starting school in 2 and a half, 3 years.”
The Study Permit Pilot Project begins October 1, 2024.
Frequent Asked Questions: https://www.fct-cf.gc.ca/Content/assets/pdf/base/Study-Permit-Pilot-Project-FAQs.pdf
Manan Gupta is a Regulated Canadian Immigration Consultant (RCIC - IRB) and the CEO of Skylake Immigration. He is a licensee in good standing of the College of Immigration and Citizenship Consultants (CICC) and a member of the Canadian Association of Professional Immigration Consultants (CAPIC). He frequently appears as a media commentator on CBC, Prime Asia TV, 101.3 FM radio, Global News, Omni TV and others to discuss matters related to Canadian immigration, public safety, transportation amongst others.
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