Canada’s Fast-Track Review for Rejected Study Permits

Canada’s Federal Court has introduced a new pilot program to speed up reviews of rejected study permit applications. Starting October 1, 2024, this initiative aims to cut wait times dramatically for international students appealing visa denials.

In recent years, Canada has seen an increase in study permit rejections. This has left many would-be students in limbo, waiting over a year for their appeals to be heard. The new program seeks to resolve these cases much faster, potentially allowing students to start their studies without long delays.

Under the current system, rejected applicants often wait 14 to 18 months for a review. The new program aims to complete the entire process in just five months. Here’s what’s changing:

• No more in-person hearings
• Judges will decide on appeals and their merits at the same time
• A new streamlined document called the Simplified Certified Tribunal Record will be used

Paul Crampton, Chief Justice of the Federal Court, sees benefits for everyone involved. “Students will save time and money, and the court will be able to handle cases more efficiently,” he explained.

Who Can Apply New Study Permit Pilot for Refused Cases

Not every rejected application qualifies for this fast-track process. To be eligible:

• You must have received a study permit rejection letter from Immigration, Refugees and Citizenship Canada (IRCC)
• Both you and IRCC must agree to use this new process
• You and IRCC must agree on the facts of your case, based on your original application and IRCC’s decision
• Your case must be straightforward, without complex issues like inadmissibility or national security concerns
• You must not need extra time to file your application for review
• You cannot introduce new evidence through affidavits

How to Apply for this Study Permit Rejection Pilot?

If you want to use this new process:

1. File your appeal using a specific form (Form IR-1)
2. Submit everything online through the court’s e-filing system
3. Make sure to apply within the deadline (15 days if you’re in Canada, 60 days if you’re outside)

There’s no extra cost to use this new system – the usual $50 filing fee still applies.

What Happens Next

After you apply, a judge will review your case. They might:

• Reject your appeal
• Allow your appeal but still uphold the original decision
• Send your case back to IRCC for another look

Why These Measures Are Important?

For many students, this could be life-changing. Warda Shazadi Meighen, a lawyer who worked on developing this program, puts it simply: “This could mean starting school in six months instead of waiting nearly three years.“

This program is just getting started, and officials will be watching closely to see how well it works. If it’s successful, it could lead to similar improvements in other parts of Canada’s immigration system.

For now, it offers new hope to international students facing visa rejections. It’s part of Canada’s ongoing efforts to balance growing interest in studying in the country with the need for an efficient and fair immigration process.

Need Help?

If you’ve had your Canadian study permit application rejected, this new fast-track review system could be your chance to turn things around. But navigating the process can be complex. That’s where we at Elaar Immigration can help. Our team, led by Keshav Sharma, a regulated Canadian immigration consultant, is well-versed in these new procedures. We can assist you in:

• Assessing your specific case and its suitability for the pilot project
• Guiding you through the new electronic filing system
• Helping you understand the potential outcomes and what they mean for your education plans
• Advising on next steps, whether your review is successful or not

Contact our experts today to ensure you’re making the most of this new opportunity and maximizing your chances of studying in Canada.