A
refusal of a Canadian study permit can disrupt education plans and
affect families supporting a student. In most cases, there is no traditional
appeal for study permit refusals. The primary legal remedy is judicial
review in the Federal Court of Canada.
A judicial review is not a new study permit application. The Court does
not reassess eligibility. Instead, it examines whether IRCC’s decision was reasonable and whether the process was procedurally fair.
Start with a strong
application record
A
strong, well-documented study permit application is critical from the
beginning. If there is a refusal, you should carefully review (1) the full
application submitted to IRCC and (2) the refusal reasons. Judicial review
focuses heavily on the record that was before the officer.
Key steps in a study
permit judicial review
- Confirm strict deadlines: generally 15 days (decision made in Canada) or
60 days (outside Canada).
- File an Application for Leave and for Judicial
Review: the Court must first
grant “leave” (permission).
- Prepare and file the Applicant’s Record: evidence and written legal arguments under
Federal Court rules.
- Possible settlement after filing the record: in strong cases, the matter may resolve without
a hearing (for example, the decision may be set aside and returned to IRCC
for reconsideration by consent)
- Leave decision: if leave is denied, the case ends; if granted,
it proceeds.
- Hearing (if leave granted): legal arguments are presented; if an error is
found, the Court may send the matter back to IRCC for redetermination.
Legal representation is
strongly recommended
Federal
Court judicial review is complex litigation with strict rules, deadlines, and
technical requirements. Self-representation is not recommended, because
mistakes in procedure, formatting, timelines, or legal arguments can undermine
the case and create avoidable problems later. A well-versed immigration
litigation lawyer can assess the refusal, identify reviewable errors, and
present the strongest possible case in Court.
At A&M Canadian Immigration Law Corporation, we provide litigation-focused representation in judicial review immigration cases in Winnipeg and across Canada. We also help clients build strong study permit applications to reduce refusals in the first place.
