Case: Singh v. Canada (Citizenship and Immigration), 2026 FC 422: Part-Time Studies Defeated PGWP Eligibility Despite Mental Health and Academic Guidance

Introduction

The Federal Court reviewed IRCC’s refusal of an application for restoration of student status and a Post-Graduation Work Permit (PGWP). The applicant argued that his temporary part-time studies resulted from mental health challenges and should have been treated as an authorized leave from studies. He also challenged the refusal of his restoration request and the officer’s treatment of his request for a Temporary Resident Permit (TRP). The Court concluded that the officer reasonably applied the governing Program Delivery Instructions and dismissed the application.

Key Principle

The Federal Court reaffirmed that eligibility for a Post-Graduation Work Permit is governed by the mandatory Program Delivery Instructions, which require applicants to maintain full-time student status throughout their program except for limited specified exceptions. Officers have no discretion to waive these requirements where an applicant does not meet the eligibility criteria. The Court also confirmed that restoration under section 182 of the Immigration and Refugee Protection Regulations requires an application to restore the applicant’s original temporary resident status.

Background

The applicant, a citizen of India, completed a Bachelor of Science degree at the University of Manitoba. During the Winter 2019 semester, he reduced his course load to part-time status after experiencing mental health challenges and receiving advice from his physician and university officials. He later studied part-time during his final academic session before graduating.

His first two PGWP applications were refused because he had not maintained full-time student status throughout his studies. After losing status, he filed a third application seeking restoration of status and a PGWP. Rather than applying to restore his study permit, however, he submitted an application seeking authorization to remain in Canada as a worker.

Court Findings

• Applicant Did Not Meet PGWP Eligibility Requirements

The Court held that the officer reasonably concluded the applicant was ineligible for a PGWP because he had studied part-time during the Winter 2019 semester. The evidence established that he continued studying on a part-time basis rather than taking an authorized leave from studies. Since the Program Delivery Instructions strictly require full-time studies except for specific exceptions, the officer was not required to accept the applicant’s characterization of the semester as a leave.

• Restoration Application Was Properly Refused

Justice Duchesne found that restoration under section 182 of the Immigration and Refugee Protection Regulations required the applicant to seek restoration of his study permit before a concurrent PGWP application could be processed. Because he applied only for a work permit rather than restoration of student status, he did not satisfy the regulatory requirements for restoration.

• Officer Adequately Addressed Temporary Resident Permit Request

The Court also rejected the applicant’s argument that the officer ignored his request for a Temporary Resident Permit. The GCMS notes demonstrated that the officer acknowledged an existing TRP application and reasonably determined that no further consideration was required within the decision under review.

Outcome

The Federal Court dismissed the application for judicial review. The Court concluded that the officer reasonably applied the mandatory PGWP eligibility criteria, properly refused the restoration application, and committed no reviewable error in addressing the applicant’s Temporary Resident Permit request. No question was certified, and no costs were awarded.

Case Citation: Singh v. Canada (Citizenship and Immigration), 2026 FC 422 (CanLII)