Starting today, October 1st, 2024, Canada’s Federal Court is launching a transformative initiative aimed at expediting the judicial review process for study permit refusals. This groundbreaking pilot project is set to significantly reduce processing times from the current 14-18 months to just 5 months. As Canada’s immigration system grapples with a surge in rejected applications, this new approach promises to streamline the process and enhance opportunities for international students.
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The Need for a Streamlined Process
The Federal Court has seen a dramatic rise in immigration-related filings since the onset of the COVID-19 pandemic. By the end of 2024, the court is projected to process nearly 24,000 immigration filings—quadrupling the annual volume from before the pandemic. This backlog has left study permit applicants in limbo, often waiting over a year for judicial reviews that can delay their education and plans.
Chief Justice Paul Crampton noted the pressing need for change, stating, “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.”
The pilot project was developed in collaboration with Immigration, Refugees, and Citizenship Canada (IRCC) and the Department of Justice (DOJ) to address these pressing challenges and create a more efficient review process for rejected study permit applications.
How the Study Permit Pilot Project Works
Under this innovative pilot project, the judicial review process for rejected study permit applications will be fundamentally altered. Here’s how it works:
- No Hearings Required: Applicants and respondents will not need to attend court hearings, significantly reducing processing times.
- Simultaneous Determination of Leave and Merits: Judges will evaluate both the leave (permission) and merits of the case in a single step, expediting the process.
- Shortened Timeline: The entire review process will now be completed within five months, allowing for quicker resolutions.
Eligibility for the Study Permit Pilot Project
Not all rejected study permit applications qualify for this expedited review. To be eligible, applicants must meet specific criteria:
- Rejection of Study Permit Application: A formal refusal letter from IRCC is required.
- Agreement to Participate: Both the applicant and IRCC must consent to the pilot project.
- Agreement on the Facts: Both parties must agree on the facts presented in the application.
- Simplified Certified Tribunal Record (SCTR): The case must be straightforward without issues related to inadmissibility or national security.
- No Affidavits Required: New information not present in the original application will not be allowed.
- No Extensions for Filing: Applicants must adhere to strict filing deadlines.
Faster Path to Education
The expedited judicial review process can have life-changing implications for international students. Warda Shazadi Meighen, a member of the Citizenship, Immigration, and Refugee Law Bar Liaison Committee, emphasizes, “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.”
By reducing delays, this initiative enables students to commence their education in Canada much sooner, fostering a smoother transition into academic life.
Opting into the Study Permit Pilot Project
To participate in the pilot project, applicants must follow these steps:
- Filing Form IR-1: Submit the Application for Leave and Judicial Review using Form IR-1, clearly indicating the intention to participate in the pilot project.
- E-Filing: All documents should be submitted electronically through the Federal Court’s E-Filing system, including the Study Permit Application Number and Unique Client Identifier (UCI).
- Adhere to Deadlines: Standard filing deadlines apply—15 days for in-Canada applicants and 60 days for those outside Canada.
What Happens After Filing?
Once the application is filed, the judge will review the case based on the Simplified Certified Tribunal Record and submissions from both parties. There are three potential outcomes:
- Dismissal of Leave: The judge may uphold the study permit refusal without further explanation.
- Grant of Leave and Dismissal of Judicial Review: The judge may grant leave but ultimately dismiss the application for judicial review, providing reasons.
- Grant of Leave and Judicial Review: If both leave and judicial review are granted, the case will be referred back to IRCC for reconsideration.
The entire process remains in writing, eliminating the need for in-person hearings and further accelerating case resolution.
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The Study Permit Pilot Project represents a significant step forward in addressing the backlog of judicial reviews for rejected study permits. By streamlining the process, Canada’s Federal Court is offering rejected applicants a faster path to justice, minimizing delays that can disrupt educational pursuits.