According to cicnews, in a recent ruling, the Federal Court has determined that Immigration Refugees and Citizenship Canada (IRCC) visa officers have the authority to reject study permit applications if applicants have poor grades in “core courses” or subjects relevant to their intended program of study in Canada. The decision came as a result of the Barot vs. Canada (Citizenship and Immigration) Federal Court case, involving a 23-year-old Indian citizen who sought a judicial review of the denial of his study permit application.
The applicant had previously obtained a Bachelor’s Degree in Management Studies from the University of Mumbai in 2020. In 2021, he applied for a study permit to pursue a post-graduate certificate in entrepreneurship management at Canadore College. Despite being accepted by the college, the visa officer rejected his application, citing the applicant’s lack of academic proficiency required to successfully complete his studies in Canada.
The officer based this decision on the applicant’s low average marks, particularly in core subjects, and concluded that he was not a genuine student and that his chosen program of study was unreasonable.
Furthermore, the Court ruled that the visa officer was not obligated to provide a detailed explanation for determining the applicant’s grades to be insufficient, even though a Canadian post-secondary institution had accepted him. This ruling underscores the extensive discretion visa officers possess in refusing applications.
It also highlights the importance for students with lower grades to address concerns and present compelling arguments regarding how their grades will or will not affect their ability to succeed in their proposed studies.
How to Apply for Canadian Study Permit
For those aspiring to apply for a Canadian study permit, it is essential to understand the eligibility requirements and the application process. Canada is a highly sought-after destination for international students due to its excellent education system, opportunities for working during studies, and pathways to permanent residency.
To be eligible for a study permit, prospective students must fulfill the following criteria:
- Obtain a letter of acceptance from a designated learning institution.
- Demonstrate sufficient financial support to cover the first year of tuition, living expenses, and return transportation to their home country.
- Obtain a Certificat d’acceptation du Quebec(Quebec Acceptance Certificate, or CAQ) if intending to study in Montreal or elsewhere in the Province of Quebec.
- Maintain a clean record, as applicants with a criminal background or those deemed to pose a risk to Canadian security may face refusal. The IRCC may request a police clearance certificate
- Maintain good health, as the IRCC may require applicants to undergo a medical examination
- Convince the immigration officer that they will leave Canada upon the expiration of their authorized stay.
Applicants are advised to submit their study permit applications promptly after receiving their letter of acceptance, as processing times can vary.
Student Direct Stream
Additionally, the Student Direct Stream (SDS) program offers a faster and more efficient application process for study permits to students from 14 countries, including Brazil, China, India, and the Philippines, among others. The SDS aims to process eligible applications within 20 days. To apply through the SDS program, prospective students must:
- Provide a copy of the letter of acceptance from a Canadian Designated Learning Institution.
- Present a confirmation document for the upfront medical examination.
- Demonstrate the possession of a Guaranteed Investment Certificate (GIC) worth $10,000.
- Prove payment of tuition fees for the first year of study.
- Provide language test results taken within two years of the SDS application, demonstrating an IELTS score of 6 in English or NCLC 7 for French.
- Submit the application at a Visa Application Centre (VAC).
By following these guidelines and understanding the study permit application process, prospective students can enhance their chances.
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