Case: Saqeb v. Canada (Citizenship and Immigration), 2025 FC 845: Officers Have No Discretion to Waive Mandatory PGWP Full-Time Study Requirements

Introduction

The Federal Court reviewed the refusal of a Post-Graduation Work Permit (PGWP) application submitted by an international student who completed much of his degree on a part-time basis due to documented mental health issues. The applicant argued that the immigration officer failed to consider his medical circumstances and should have exercised discretion in his favour. The Court dismissed the application, holding that the mandatory eligibility requirements governing the PGWP program cannot be waived on equitable or compassionate grounds.

Key Principle

The eligibility requirements for a Post-Graduation Work Permit established under the Immigration and Refugee Protection Regulations and IRCC’s Program Delivery Instructions are mandatory. Immigration officers have no discretion to waive the requirement that applicants maintain full-time student status throughout their studies, except in the limited circumstances expressly provided in the Program Delivery Instructions. Compassionate or equitable considerations, including medical hardships, cannot override these mandatory eligibility criteria.

Background

The applicant, a citizen of Bangladesh, arrived in Canada in 2017 on a study permit and enrolled at York University. During his degree program, he transitioned from full-time to part-time studies after experiencing mental health challenges and following recommendations from counsellors at his educational institution.

After completing his Bachelor of Economics, the applicant applied for a PGWP. The officer refused the application after determining that he had not maintained full-time student status during the majority of his program and therefore did not satisfy the eligibility requirements under paragraph 205(c)(ii) of the Immigration and Refugee Protection Regulations and the applicable Program Delivery Instructions.

Court Findings

• Full-Time Study Requirement Is Mandatory

The Court reaffirmed that the Minister has established mandatory eligibility criteria for the PGWP program through the Program Delivery Instructions. Applicants must maintain full-time student status during every academic session of their program, subject only to the limited exceptions expressly recognized, such as an authorized leave or part-time status during the final academic session.

• Medical Circumstances Did Not Create an Exception

While acknowledging the applicant’s documented mental health issues and the recommendation from university counsellors to pursue part-time studies, the Court held that neither the Immigration and Refugee Protection Regulations nor the Program Delivery Instructions authorize officers to grant equitable relief in such circumstances. Because the applicant did not fall within any of the recognized exceptions, the officer reasonably concluded that he was ineligible for a PGWP.

• Officers Cannot Grant Equitable Relief

The Court rejected the applicant’s argument that the officer should have exercised discretion based on the equitable circumstances of the case. Justice McDonald emphasized that officers must apply the mandatory eligibility requirements established for the PGWP program and cannot create additional exceptions that are not authorized by the legislation or the Program Delivery Instructions.

Outcome

The Federal Court dismissed the application for judicial review, concluding that the officer reasonably applied the mandatory PGWP eligibility requirements. The decision confirms that, despite compelling personal or medical circumstances, officers have no authority to waive the full-time study requirement unless one of the limited exceptions provided under the Program Delivery Instructions applies.

Case Citation: Saqeb v. Canada (Citizenship and Immigration), 2025 FC 845 (CanLII)