Study Permit Pilot Project designed to fast-track the review process for rejected study permit applications.

Starting October 1, Canada is launching a groundbreaking Study Permit Pilot Project designed to fast-track the review process for rejected study permit applications. This incredible initiative slashes the current review time from 14-18 months down to under five months—a game-changer for students eager to pursue their dreams in Canada!

 Canada is opening doors wider than ever, no more long waits or uncertainty! With this new, quicker path, international students will make decisions faster, allowing them to focus on their studies and future opportunities in one of the world’s top education destinations.

Study Permit Pilot Project

An application for leave and judicial review allows an individual to request permission from the Federal Court of Canada to challenge an immigration decision.

Typically, a judge first decides whether to grant leave (permission) for the applicant to proceed with judicial review. If leave is granted, the case is then reviewed and evaluated based on its merits. However, under the new pilot project, Federal Court Chief Justice Paul Crampton has announced that hearings will no longer be required. Judges will now be able to make decisions on both leave and judicial review simultaneously.

“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,” he said in a statement.

There is no extra cost to participate in this project, though the standard fee for filing leave and judicial review remains $50. This initiative is a collaboration between Immigration, Refugees, and Citizenship Canada (IRCC) and the Federal Court Citizenship, Immigration, and Refugee Law Bar Liaison Committee.

Eligibility Criteria and Application Process

Not all rejected study permit applications will qualify for the pilot project. Specific conditions must be met to be eligible for the faster review process:

1. Study Permit Rejection: The applicant must have received a refusal letter from IRCC.
2. Consent to Participate: Both the applicant and IRCC need to agree to participate in the pilot project.
3. Agreement on Case Facts: Both parties must agree on the facts presented in the study permit application.
4. Simplified Certified Tribunal Record (SCTR): The case must be straightforward, with no issues of inadmissibility or national security concerns. The SCTR will contain essential documents, including IRCC’s full reasoning for the decision.
5. No Affidavit Evidence: Affidavits are not allowed, as they introduce new information that is not in the original application.
6. No Filing Extensions: The applicant must submit the Application for Leave within the standard deadlines (15 days for those in Canada and 60 days for those outside) without requesting extensions.

All documents must be submitted through the court’s online filing system. To opt into the pilot, applicants need to file for Leave and Judicial Review using Form IR-1 and reference the Pilot Project in three specific areas:

1. On Form IR-1, write “SIMPLIFIED PROCEDURE – STUDY PERMIT PILOT PROJECT” in bold above the form title.
2. On Form IR-1, include the statement “The Applicant consents to proceeding under the SIMPLIFIED PROCEDURE – STUDY PERMIT PILOT PROJECT” above the signature, along with the Study Permit Application Number and the Unique Client Identifier (UCI) from IRCC.
3. In step 3 of E-Filing, mention “SIMPLIFIED PROCEDURE – STUDY PERMIT PILOT PROJECT” in the handling instructions.

Once documents are filed, a judge will review the application and notify the applicant of the decision.

When is the right time to apply for the Study Permit Pilot Project? 

For students who applied within Canada, there is a 15-day window from the date they receive their study permit refusal to file an application for leave and judicial review. For those who applied from outside Canada, the timeframe is extended to 60 days from the date of receiving their study permit rejection. It is crucial for applicants to adhere to these deadlines to ensure their application is considered for review under the pilot project as after the deadline is passed the applicant is not eligible to participate in this program.

What should you do if you want to opt-out?

Either the applicant or the respondent can choose to leave the Study Permit Pilot Project by submitting a written request (motion). This request must be made before the respondent submits their simplified documents. Additionally, the Court has the authority to switch the case from the simplified procedure to the general process under the Federal Courts Citizenship, Immigration, and Refugee Protection Rules at any time.

Why Are the Federal Court and IRCC Introducing These Measures?

The Federal Court and IRCC have implemented these measures due to a significant increase in immigration filings, expecting to receive 24,000 cases by the end of December, which is four times the pre-pandemic average.

In 2024, Canada introduced new policies to address housing and affordability concerns by reducing temporary residents, including those on study and work permits. In January, IRCC capped new study permits at 485,000, primarily affecting undergraduate and college students, with exceptions for master’s and PhD programs.

On September 18th, Immigration Minister Marc Miller reaffirmed the cap and announced further actions, such as a 10% reduction in new study permits for 2025, the inclusion of language requirements for Post-Graduation Work Permits, and restrictions on Spousal Open Work Permits based on study length.

What Happens After the Judge Reviews My Case?

Once the judge reviews your case, there are three possible outcomes:

1. Leave is Dismissed: The judge may choose to dismiss the leave, meaning the IRCC Visa Officer’s decision stands, and your study permit remains refused. The judge will not provide any reasons for this decision.
2. Leave is Granted, but Judicial Review is Denied: The judge could grant leave but reject your application for judicial review. In this case, the judge will provide reasons for their decision, explaining why they agree with the IRCC Visa Officer’s refusal of your study permit.
3. Leave and Judicial Review are Both Granted: The judge may grant both leave and your judicial review application. In this situation, the judge disagrees with the Visa Officer’s decision and will provide reasons for sending your case back to IRCC for reconsideration by a different officer.

In all of these scenarios, the process is entirely written, so there is no need for an oral hearing or for you to appear in court, which helps save time and resources.

To discover your next steps it is crucial to get in contact with the appropriate immigration officials. To stay updated subscribe to TheCanadaTime.