Judicial Review For Canadian Study Permit Refusal
Judicial Review For Canadian Study Permit Refusal
Applying for and getting a Temporary Resident Visa (TRV) and Study Permit in Canada is not always easy. That’s why we are here to help. Our immigration experts have helped thousands of students obtain their study permits, even after more than one refusal. We know what it takes to get your application approved and will work tirelessly on your behalf.
Have you been refused a Canadian study permit?
We can advise and assist you in compiling and submitting your application, with the right documentation, so your submission is perfect the first time, for the fastest processing time, and minimal chance of rejection.
Was your application rejected? If you feel an administrative decision-making body mishandled your case or misappropriated its power, we can help. At Pax Law, we have successfully overturned thousands of Canadian Study Permit Refusal decisions through judicial reviews.
Obtaining a student permit can be the first step in achieving your dreams. Let us help you take that step.
Canadian Study Permit, not Student Visa
Canada does not have a stand-alone student visa like in other countries. What we have is a Temporary Resident Visa also known as a TRV with a Study Permit attached to it which, as the name suggests, is permission to an applicant to take on a particular course of studies for a definite period of time. Since the study permit is an addition to or an extension of the temporary resident visa, all the applicable terms and conditions of the temporary resident visa also apply to the study permit holder. The most important one is the temporary nature of such residency. As such, even where the applicant met all other requirements of a study permit if the immigration officer or the visa officer cannot on the balance of probabilities satisfy himself or herself that the applicant is going to leave the country at the end of their studies, the officer is allowed to refuse the application referencing s. 216(1) of the Immigration and Refugee Protection Regulation or the IRPR.
Reasons for Canadian Study Permit Refusal
When an application is refused on the grounds of s. 216(1) of the IRPR, that in itself is a fair indicator that the applicant has submitted an otherwise complete application. Because, if the applicant has missed a form or did not comply with all the basic requirements for a study permit, then the officer would have refused the application referring to those deficiencies and would not need to refer to s. 216(1). We have listed different grounds under s.216(1) based on which the immigration officer can refuse a study permit to an applicant, if your Canadian student visa (study permit) application was refused for the following reasons, in most cases, we can help you set aside that refusal through the Federal Court of Canada Judicial Review process.
- The officer is not satisfied that you will leave Canada at the end of your stay, as stipulated in subsection 216(1) of the IRPR, based on the purpose of your visit.
- The officer is not satisfied that you will leave Canada at the end of your stay, as stipulated in subsection 216(1) of the IRPR, based on your family ties in Canada and in your country of residence.
- The officer is not satisfied that you will leave Canada at the end of your stay, as stipulated in subsection 216(1) of the IRPR, based on your travel history.
- The officer is not satisfied that you will leave Canada at the end of your stay, as stipulated in subsection 216(1) of the IRPR, based on your immigration status.
- The officer is not satisfied that you will leave Canada at the end of your stay, as stipulated in subsection 216(1) of the IRPR, based on your current employment situation.
Successful Canadian Study Permit Judicial Reviews
We have successfully overturned thousands of Canadian Study Permit Refusal decisions at Pax Law through judicial reviews.
Canadian Study Permit Judicial Review
Many legal decisions are made through “administrative decision-makers”. These legislative bodies can take various forms: The Canadian Borders Services Agency, the Immigration and Refugee Board of Canada, the College of Registered Nurses of BC, among others.
These decision-makers are given the power to execute and enforce certain laws, and their decisions are legally binding. However, when/if they act unfairly or unjustly, their decision can be reviewed and potentially overturned. This process is called a judicial review.
If you feel an administrative decision-making body mishandled your case or misappropriated its power, we at Pax law would be glad to guide you through the judicial review process. We will ardently advocate for your rights and represent you at court if necessary. Though we have extensive experience with matters relating to immigration (primarily study permit refusals), we are equipped to handle any reviews you may require.
FAQ
Can you appeal a study permit refusal in Canada?
Yes, there are different avenues available to appeal different refusals or rejections. The most common types of refusal are Temporary Resident Visa refusals.
Can I appeal if my study permit is refused?
Technically the process is NOT an appeal. However, yes, you can take your refusal to the Federal Court to remove the refusal you received in the past sixty (60) days for outside-Canada category and fifteen (15) days for inside-Canada category. If successful, you will have the opportunity to submit supplementary material when your application is being placed in front of another officer for redetermination.
How long does immigration judicial review take in Canada?
Usually between four to six months.
What can I do if my Canadian Student Visa is refused?
You can take your refusal to the Federal Court to remove the refusal you received in the past sixty (60) days for outside-Canada category and fifteen (15) days for inside-Canada category. If successful, you will have the opportunity to submit supplementary material when your application is being placed in front of another officer for redetermination.
How long is a judicial review decision?
The Judicial Review process usually takes four to six months.
How much does it cost to appeal a visa refusal?
Pax Law offers Judicial Reviews for $3000; However, appeals are different processes and start from $15,000.
How long does it take to appeal a visa refusal in Canada?
The Judicial Review process usually takes four to six months.
How long does an appeal take for IRCC?
The Judicial Review process usually takes four to six months. After a successful Judicial Review, the file usually stays at the IRCC two to three months before it is reviewed by a different officer.
How do you prove you will leave Canada?
You need to provide several documents supporting your departure from Canada. Pax Law lawyers can help you put together a strong package.
Book a Consultation Today
If your Canadian study permit application has been refused or you are concerned about the strength of your application, you may book a timed consultation with Pax Law Corporation. During this scheduled session, one of our experienced immigration lawyers will review your refusal or application history, assess whether reapplication or judicial review is appropriate, and explain your legal options and deadlines. Please complete the form below to reserve your consultation time, as study permit refusals are strictly time-sensitive.