Altec’s News | Fast-Tracked Judicial Reviews for Study Permit Refusals Begin Today!

As of October 1st, 2024, Canada’s Federal Court has launched an exciting new initiative to accelerate judicial reviews for study permit refusals. This innovative pilot project aims to dramatically reduce the time it takes for judicial reviews to be processed—from the current 14-18 months down to just 5 months!

This development couldn’t have come at a better time. Canada’s immigration system has been grappling with a surge in rejected applications for the third year in a row. For international students, this new streamlined process could mean the difference between starting school in a matter of months rather than years.

Why Is This Pilot Project Necessary?

The Federal Court has experienced an overwhelming increase in immigration-related cases since the pandemic began. By the end of 2024, the court is expected to handle nearly 24,000 immigration filings—a massive leap compared to the numbers seen before 2020. Among these filings, rejected study permit applications make up a significant portion, leaving many students in limbo for over a year as they await a judicial review. These delays can cause students to miss out on critical education opportunities and derail their career plans.

This Pilot Project, developed in collaboration with Immigration, Refugees, and Citizenship Canada (IRCC) and the Department of Justice (DOJ), seeks to address these delays by introducing a more efficient review process for rejected study permits.

Chief Justice Paul Crampton put it perfectly:

“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.”

How Does the Study Permit Pilot Project Work?

Under this new system, the judicial review process for rejected study permit applications will be radically streamlined. Here’s how:

• No Hearings Required: Unlike the standard process, there’s no need for the applicant or the respondent to attend a hearing. This alone cuts down the time needed to finalize the case.

• Simultaneous Review of Leave and Merits: Typically, the judicial review involves two stages: the applicant first seeks “leave” (permission) to proceed, and then the merits of the case are reviewed. The new process combines these stages, allowing judges to assess both the leave request and the merits of the case at the same time.

• Shortened Timeline: The most dramatic change is the reduction in the timeline. Instead of waiting 14-18 months, applicants can expect a decision within 5 months—giving students faster access to their education dreams in Canada!

Who Is Eligible for This Pilot Project?

Not every study permit refusal will qualify for this streamlined process. Here’s what’s needed:

1. Study Permit Refusal: The applicant must have received a letter of refusal from IRCC.

2. Agreement to Participate: Both the applicant and IRCC must agree to opt into the pilot project.

3. Agreement on Facts: Both parties must agree on the facts presented in the original study permit application.

4. Simplified Certified Tribunal Record (SCTR): The case must be straightforward, with no inadmissibility or national security issues. This record will contain all necessary documents, including the IRCC’s decision.

5. No Affidavits or Extensions: Affidavit evidence isn’t permitted, and applicants must file the Application for Leave within standard deadlines (15 days for in-Canada applicants and 60 days for those outside Canada).

Faster Path to Canadian Education

The impact of this faster judicial review process can be life-changing for international students. Imagine being able to start school six months after receiving a rejection, instead of waiting two to three years! According to Warda Shazadi Meighen, a member of the Citizenship, Immigration, and Refugee Law Bar Liaison Committee:

“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.”

For many students, these long delays mean deferring admission or even missing entire semesters, which can significantly disrupt their educational and professional paths. By speeding up the process, this new initiative offers students the chance to pursue their Canadian education without unnecessary delays.

How to Opt Into the Study Permit Pilot Project

To take advantage of this faster process, here’s what you need to do:

1. File Form IR-1: Applicants must submit the Application for Leave and Judicial Review using Form IR-1, making sure to write “SIMPLIFIED PROCEDURE – STUDY PERMIT PILOT PROJECT” in bold above the form’s title.

2. E-Filing: All documents must be submitted electronically via the Federal Court’s E-Filing system, including your Study Permit Application Number and Unique Client Identifier (UCI) from the IRCC.

3. Meet Deadlines: Don’t miss the filing deadlines: 15 days for applicants inside Canada and 60 days for those outside the country.

No Extra Costs, No Hidden Fees

One of the great benefits of this program is that there are no additional fees to participate. The process remains completely in writing, eliminating the need for in-person hearings and further reducing the time it takes to process cases.

Opting Out of the Pilot Project

Although this streamlined process offers many advantages, it’s important to know that applicants or respondents can choose to opt out. To do so, a written motion must be filed before the respondent submits their simplified submissions. In certain situations, the Federal Court also reserves the right to move a case back to the general procedure.

What This Means for International Students

This Study Permit Pilot Project marks a significant breakthrough in tackling the backlog of judicial reviews for rejected study permits. By accelerating the process, the Federal Court is giving rejected applicants a faster way to challenge their refusal and proceed with their education and career goals in Canada.

For many international students, this change will be a game-changer, offering a clearer, faster path to studying in Canada—without the extended wait times that have caused so much uncertainty in the past.

As the project unfolds, it will be closely monitored to assess its impact on the Federal Court’s caseload and the applicants it serves. If successful, this model could be extended to other areas of Canada’s immigration system, providing a more efficient and applicant-friendly way of resolving disputes.

What’s Next?

If you’re facing a study permit refusal and considering judicial review, now is the time to act. This pilot project offers a unique opportunity to fast-track your case and potentially secure your education plans in Canada much sooner than before.

🌟 If you want assistance navigating this new process or any other aspect of Canadian immigration, Altec Global’s expert team is here to help! Contact us now to get started! 🌍✨

At Altec Global, we’re committed to helping individuals achieve their Canadian immigration dreams, no matter how complex the situation may seem. Let us guide you through every step of the way. Book your appointment today!