Khullar v. Canada (Citizenship and Immigration), 2024 FC 1655 : Post-Graduation Work Permit Refusal Upheld Where Applicant Did Not Maintain Full-Time Status and Winter 2020 Was Not His Final Semester

The Federal Court reviewed IRCC’s refusal of Vishnu Khullar’s post-graduation work permit application. The applicant completed an Advanced Diploma in Business Administration at George Brown College but was not enrolled in any courses during the Winter 2020 semester. He argued that the semester should be treated as his final academic session because he received an exemption for a Business Law course. The Court dismissed judicial review because Winter 2020 was not his final semester, none of the other exceptions to the full-time study requirement applied, and the officer was not required to give him another opportunity to correct the application.

Key Principle

Post-graduation work permit eligibility requirements must be applied strictly. An applicant must maintain full-time student status during every academic session, subject only to the specific exceptions recognized in the applicable program instructions, including an authorized leave, the final academic session, or applicable COVID-19 special measures. A course exemption does not establish full-time enrollment, and part-time studies are permitted only during the actual final semester of the program. The applicant bears the responsibility of submitting all evidence necessary to establish eligibility.

Background

The applicant began an Advanced Diploma in Business Administration program in January 2016. After dropping the co-op component, the program consisted of six academic semesters.

During Winter 2020, the applicant was not enrolled in any George Brown College courses. He received an exemption for Business Law based on completing the course at another designated learning institution.

In Spring 2020, he enrolled in two courses and failed one. In Fall 2020, he completed his remaining World Religions course and became eligible to graduate in December 2020.

The officer found that Winter 2020 was neither a scheduled break nor the applicant’s final semester. The applicant also provided no evidence that COVID-19-related changes prevented him from maintaining full-time status.

Court Findings

• Winter 2020 Was Not the Applicant’s Final Semester
The Court held that the applicant did not qualify for the PGWP exception permitting part-time studies in the final academic session. His transcript and George Brown College’s records confirmed that he still had additional courses to complete after Winter 2020 and did not graduate until Fall 2020.

• Course Exemption Did Not Constitute Full-Time Enrollment
The Court found that although the applicant received an exemption for a Business Law course completed elsewhere, this did not mean he was enrolled in a course during Winter 2020 or that he maintained full-time student status. The officer’s ultimate conclusion on eligibility was therefore reasonable despite some confusion in the reasoning.

• No Policy Exception Applied
The Court held that none of the recognized exceptions to the full-time study requirement were available. Winter 2020 was not the applicant’s final semester, was not a scheduled academic break, and there was no evidence that COVID-19-related changes prevented him from maintaining full-time enrollment.

• New Argument Could Not Be Raised on Judicial Review
At the hearing, the applicant argued for the first time that George Brown College had led him to believe Winter 2020 would be his final semester. The Court rejected this submission because it had not been presented to the officer and was unsupported by the evidentiary record. Judicial review must assess the reasonableness of the decision based on the record before the decision-maker.

• No Procedural Fairness Breach Occurred
The Court held that the officer was not required to request additional documents or provide the applicant with an opportunity to remedy deficiencies relating to mandatory PGWP eligibility requirements. The burden remained on the applicant to submit all evidence necessary to establish eligibility when the application was filed.

The Federal Court dismissed the application for judicial review and upheld the PGWP refusal. No question was certified.

Case Citation:

Khullar v. Canada (Citizenship and Immigration), 2024 FC 1655 (CanLII)