Eligible applicants may now see decisions in as little as five months, down from the usual 14-18 months.

Good news for international students aiming to study in Canada! The Federal Court has introduced a new pilot project designed to accelerate the judicial review process for refused study permit applications. This development is a major improvement for those hoping to overturn a negative study permit decision.

Under this pilot, the review of eligible study permit refusals will be shortened to just five months, a significant reduction from the typical 14 to 18 months. The updated process allows the judge to decide whether the case qualifies for review and conduct the review itself in a single step. This initiative is part of an effort to clear the backlog created by an unprecedented surge in immigration-related judicial reviews, with 2024 seeing a record number of filings.

Key Points:

  • Faster Process: Applicants eligible for the pilot program may benefit from quicker and less expensive judicial reviews, starting October 1, 2024.
  • Eligibility Criteria: To participate, both the applicant and Immigration, Refugees, and Citizenship Canada (IRCC) must agree to opt into the pilot program.
  • Fees Unchanged: The application fee for judicial review remains at $50.

Contact Details for Overseas Applicants: It remains unclear whether applicants from outside Canada will require Canadian contact information, which has previously been a barrier for accessing judicial review.

What is Judicial Review?

Judicial review in Canada allows courts to assess decisions made by government bodies, including the IRCC, to ensure that they were lawful and fair. If a study permit application is refused, applicants have the right to request a review to determine whether the decision complied with Canadian law, based on the information available at the time. It’s important to note that the court will not reconsider the entire application, but it can order a reconsideration if it identifies legal errors in the original decision.

This process can be crucial for students whose study permits have been unjustly refused, offering a pathway to challenge decisions that may have overlooked key information or misinterpreted facts.

Why Was the Pilot Program Created?

The pilot program was developed in response to a surge in study permit refusals and the accompanying rise in judicial review applications. Federal Court documents indicate that immigration-related judicial filings in 2024 are set to quadruple compared to pre-pandemic levels. The goal of the pilot program is to address this growing backlog by simplifying the judicial review process for study permit denials.

The new streamlined approach not only accelerates the timeline for resolving disputes but also reduces the administrative burden on both applicants and the courts.

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Who Qualifies for the Streamlined Process?

To be eligible for this faster judicial review process, both the applicant and the IRCC must agree to participate, and the case must meet specific criteria. These include:

  • The study permit application was refused, and both parties agree on the facts of the case.
  • The case does not involve more complex issues such as inadmissibility or national security.
  • No extensions are requested, and no additional affidavits are submitted.
  • The IRCC provides a simplified version of the tribunal record.

This means that only relatively straightforward cases can qualify for the pilot program. If your case involves more complicated factors, you may not be eligible for the expedited review.

What Changes With the Pilot Program?

For eligible applicants, the entire judicial review process will be paper-based—meaning no court appearances are required. After both parties submit their documents, the judge will make a decision based on written submissions. The deadlines are strict: applications must be submitted within 15 days for in-Canada refusals and within 60 days for out-of-Canada refusals.

The streamlined process saves time and resources, making it more accessible to students who may have previously been deterred by the complexity and length of the traditional judicial review process.

Do You Need a Lawyer for Judicial Review?

While it’s not mandatory to have a lawyer to apply for judicial review, the complexity of the process may warrant legal assistance. This is especially true for applicants outside Canada, as Canadian immigration lawyers are the only professionals authorized to represent applicants in Federal Court. In some cases, overseas applicants may need to provide Canadian contact details, which can further complicate the process.

Consulting with an experienced immigration lawyer may help applicants better navigate the complexities of the judicial review process, ensuring that their case is presented effectively to the court.

What Happens if Your Study Permit is Refused?

If your study permit application has been refused, you have several options, one of which is to request a judicial review. However, judicial review is not a re-evaluation of your study permit application. Instead, it focuses on whether the decision-making process was fair and followed the law. The court will not substitute its decision for that of the IRCC; it can only order the case to be reconsidered if legal errors were made.

Benefits of the New Pilot Program for Study Permit Judicial Reviews

The new pilot project offers several key benefits for those dealing with study permit refusals:

  1. Faster Decisions: The reduced timeline means applicants won’t have to wait over a year for a resolution. This is a huge relief for students who are on tight schedules, often with academic program start dates looming.
  2. Lower Costs: With fewer court appearances and a simplified process, the cost of pursuing a judicial review is reduced.
  3. Simplified Process: The move to a fully paper-based system eliminates the need for in-person hearings, making the process more convenient for applicants, especially those outside of Canada.
  4. Reduced Backlog: By accelerating and simplifying the process, the Federal Court hopes to tackle the backlog of cases and reduce waiting times for future applicants.

The new pilot program introduced by the Federal Court is a welcome change for international students whose study permit applications have been refused. By speeding up the judicial review process and reducing its complexity, the program offers students a faster and more affordable way to challenge negative decisions. However, eligibility criteria are strict, and not all applicants will qualify.

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