Sandeep Kaur and Jaspreet Kaur
sought judicial review of IRCC decisions refusing their Post-Graduation Work
Permit applications and restoration applications. IRCC concluded that their
applications were filed outside the then-applicable 90-day PGWP deadline
because their diplomas showed an August 17, 2018 graduation date. The Federal
Court found that IRCC unreasonably assumed the applicants received their
diplomas on that date, despite evidence that written confirmation was received
later.
Key Principle
The PGWP application deadline
runs from the date an applicant receives written confirmation from the
educational institution that program requirements have been completed, not
simply from the graduation date or the date the applicant knows they graduated.
Where IRCC relies on a diploma date as the date of notification, there must be
a reasonable evidentiary basis to conclude that the diploma was actually
received on that date.
Background
The applicants entered Canada
from India in December 2016 and completed two-year programs at Lambton College.
They graduated on August 17, 2018. Lambton issued their transcripts on October
2 and 3, 2018, confirming that they had graduated, and both applicants filed
PGWP applications on October 6.
IRCC refused those applications
in December 2018, stating that required documentation concerning completion of
studies had not been submitted. The applicants promptly obtained Registrar
letters, submitted their diplomas and transcripts again, and applied for
restoration and PGWPs on December 26.
Their restoration applications
were later refused for allegedly unpaid fees, although the fees had actually
been paid. On reconsideration, IRCC acknowledged the payment but refused again
because it treated August 17 as the date the applicants received their diplomas
and therefore considered December 26 outside the 90-day window.
Court Findings
• Graduation Date Was Not
Proof of Receipt
The diplomas stated that the
college’s seal and signatures were affixed on August 17, but did not establish
when the applicants received them. The officer therefore had to infer that
receipt occurred on the graduation date. On the record, that inference was
unreasonable.
• Other Evidence Pointed to
October Notification
The transcripts were not issued
until early October, and the college’s confirmation letters came later. There
was also no evidence of a graduation ceremony on August 17 at which diplomas
were distributed. Significantly, the applicants filed their original PGWP
applications within days of receiving the October transcripts but did not
include diplomas. These circumstances undermined IRCC’s assumption that the
diplomas had already been received in August.
• PGWP Instructions Focused on
Written Confirmation
The Court emphasized that the
applicable Program Delivery Instructions measured the 90 days from receipt of
written confirmation, such as an official letter or transcript. The deadline
did not begin merely because the students graduated or knew they had graduated.
The Court also observed that the
October transcripts themselves stated “GRADUATED (August 2018).” The applicable
instructions expressly contemplated a transcript as sufficient written
confirmation. The original refusals for lacking additional completion documentation
therefore appeared inconsistent with the PGWP instructions, although the Court
did not need to finally decide that issue.
Outcome
The Court granted both judicial
review applications, quashed IRCC’s decisions, and returned the matters for
redetermination by a different officer. No certified question arose.
Case
Citation:
Kaur v. Canada (Citizenship and Immigration), 2020 FC 513 (CanLII)
Prepared by:
Dr. Muhammad
Abrar (Barrister and
Solicitor)
Author | Writer | Mentor | Legal Researcher | Canadian Immigration Case Law and
Statistics Analyst





