Ø Introduction
The Federal Court reviewed the refusal of a Post-Graduation
Work Permit (PGWP) application where the applicant applied after his study
permit had expired and also sought restoration of status.
The Court upheld the refusal, finding that a valid study
permit was an eligibility requirement under the PGWP Program and that the
applicant could not restore his study permit status because he had already
completed his studies.
Ø Key Principle
A PGWP applicant must satisfy the program’s eligibility
requirements, including holding a valid study permit when applying.
Although administrative guidelines generally cannot
improperly fetter an officer’s discretion, the PGWP program document
established eligibility requirements rather than merely discretionary
guidelines.
Restoration under section 182 of the IRPR also requires the
applicant to continue meeting the initial requirements for the status being
restored.
Ø Background
The applicant, an Indian citizen, completed a Master’s
degree in Industrial Engineering at Concordia University in August 2015. His
study permit was valid until August 31, 2015.
Instead of applying for a PGWP before his study permit
expired, he took a vacation after completing his studies. He subsequently
applied for a PGWP on September 12, 2015, together with an application to
restore his status.
The officer refused the PGWP because the applicant did not
hold a valid study permit when he applied and also refused his restoration
request. The applicant argued that the officer had improperly treated the PGWP
program guidelines as mandatory.
Ø Court Findings
The Federal Court found that the officer acted reasonably.
The Court held that the PGWP program document established eligibility
criteria, rather than merely providing optional guidelines that an officer
could disregard. The requirement to hold a valid study permit was therefore
properly applied.
The Court also considered section 182 of the IRPR. Although
restoration may be available within 90 days after status expires, the applicant
must continue to meet the initial requirements for the status being restored.
Because the applicant had already completed his studies and was no longer
enrolled in a qualifying program, he could not restore his study permit status.
The Court rejected the argument that his student status
could be “momentarily” restored simply to allow him to qualify for a
PGWP. There was no authority supporting such an approach.
The Court noted that the applicant could have sought
restoration while he was still enrolled in a qualifying program, but once his
studies were completed, he no longer met the requirements for restoration of
study status.
Ø Outcome
The Federal Court dismissed the application for judicial
review and upheld the refusal of the PGWP and restoration application.
Case Citation:
Nookala v. Canada (Citizenship and Immigration), 2016 FC 1019 CanLII
Prepared by:
Dr. Muhammad
Abrar (Barrister and
Solicitor)
Author | Writer | Mentor | Legal Researcher | Canadian Immigration Case Law and
Statistics Analyst





