In a recent judgment, the Federal Court of Canada has ruled that the rejection of a study permit application based on past academic performance and perceived inconsistencies in academic goals was unwarranted, opening the path for a judicial review.
The case centers around a 2021 applicant, an Indian national, who had secured admission to a full-time graduate program in International Business Management at Niagara College in Toronto. Upon receiving the acceptance letter, the applicant duly submitted applications for a study permit and temporary residence permit to Immigration, Refugees, and Citizenship Canada (IRCC).
Several months later, a notification arrived, delivering the disappointing news of the study permit’s rejection. The immigration officer cited two primary reasons for the refusal: the applicant’s prior academic performance and the perceived inconsistency in educational objectives.
Questionable Grounds for Rejection
The officer’s reliance on the applicant’s previous academic performance was found to lack proper justification and transparency. The court pointed out that the officer failed to establish a clear link between the applicant’s academic history and the likelihood of success in the intended Canadian study program. The court emphasized that a lower performance in one academic area doesn’t necessarily equate to an inability to excel in another field.
Drawing parallels from a similar case, Patel v Canada (Citizenship and Immigration), the court underscored the dynamic nature of academic success and the fact that excellence isn’t the sole indicator of program completion.
Moreover, Niagara College had expressed confidence in the applicant’s qualifications, affirming their potential to make a valuable contribution to the institution.
Inconsistent Educational Goals
Regarding the claim of inconsistent educational goals, the immigration officer’s argument was found to be lacking in sufficient detail. The applicant had presented a letter explaining the rationale behind their shift from Data Analytics for Business to International Business Management. In the absence of additional justification from the officer, it remained unclear how the officer concluded that the two applications demonstrated inconsistent educational goals.
Key highlights from the ruling
This ruling highlights that prior poor academic performance should not automatically disqualify an applicant from obtaining a study permit. It also underscores that applicants have the flexibility to pursue different study programs in Canada, as long as they provide a reasonable rationale for their choices.
Applying for a Study Permit in Canada
To apply for a study permit in Canada, international students should adhere to specific steps:
- Obtain Acceptance: Secure a letter of acceptance from a Designated Learning Institution (DLI).
- Financial Assurance: Demonstrate the financial capacity to cover the first year of tuition, living expenses, and return transportation to the home country.
- Quebec Acceptance Certificate: If planning to study in Quebec, obtain a Certificat d’acceptation du Quebec (Quebec Acceptance Certificate, or CAQ).
- Clean Record: Maintain a clean legal record, as applicants with a criminal background or posing a security risk may face refusal.
- Good Health: Ensure good health, as an applicant may be required to undergo a medical examination.
- Departure Assurance: Convince the immigration officer of the intent to leave Canada upon the study permit’s authorized completion.
Student Direct Stream (SDS)
For more efficient processing, eligible international students can opt for the Student Direct Stream (SDS), designed for residents of specific countries. Requirements include:
- Providing a copy of the DLI’s acceptance letter.
- Presenting confirmation of an upfront medical exam.
- Demonstrating proof of a Guaranteed Investment Certificate (GIC) of $10,000.
- Verifying payment of first-year tuition fees.
- Displaying language proficiency with specific test results.
Effective August 10, 2023, IRCC will accept alternative English language tests, enhancing the options for demonstrating language proficiency. These include CELPIP General, CAEL, Pearson Test of English (PTE) Academic, and Educational Testing Service (ETS) TOEFL iBT Test.
This landmark decision offers a more transparent and equitable approach to study permit applications, benefiting both applicants and Canadian immigration authorities.