Introduction
The
Federal Court considered whether a foreign student was properly found
inadmissible for failing to comply with the conditions of his study permit. The
applicant argued that procedural fairness had been breached and that
exceptional personal circumstances explained interruptions in his studies. The
Court dismissed the application and upheld the exclusion order.
Key
Principle
The
case confirms that international students must continuously comply with
study permit conditions by remaining enrolled and actively pursuing their
studies. Personal circumstances, including family emergencies, will not
automatically excuse prolonged interruptions where there is insufficient
evidence demonstrating an inability to continue studies or return to Canada.
Background
A
citizen of Côte d’Ivoire, entered Canada in 2015 with a study permit and
initially enrolled at the University of Ottawa. After his father’s death in May
2016, he returned to Côte d’Ivoire and remained abroad until September 2016. As
a result, he did not attend classes during the Fall 2016 semester. He later
enrolled at Teccart Institute for Winter 2017 and returned to the University of
Ottawa in Fall 2017.
Following
an interaction with police and CBSA in December 2017, immigration authorities
determined that Kone had failed to comply with the conditions of his study
permit requiring him to remain enrolled and actively pursue his studies. A
section 44 report was prepared, and a Minister’s Delegate subsequently issued
an exclusion order. His application to restore his study permit was also
refused.
Court
Findings
The
Federal Court rejected the applicant’s procedural fairness arguments. The Court
found that he had been informed of his right to counsel, had an opportunity to
contact a lawyer, and had been given a fair opportunity to respond to the
allegations. The Court also rejected allegations concerning the search of his
phone and claims that he was denied the opportunity to present evidence.
On
the merits, the Court held that the Minister’s Delegate reasonably concluded
that Kone had failed to comply with the conditions of his study permit. The
evidence established that he did not attend classes during Fall 2016 and that
there was also evidence supporting the finding that he did not actively pursue
studies during Fall 2017. While the applicant argued that his father’s death
explained his absence, the Court noted there was insufficient evidence showing
he could not have returned earlier or registered from abroad.
The
Court emphasized that study permit holders are required by subsection 220.1(1)
of the Immigration and Refugee Protection Regulations to remain enrolled at a
designated learning institution and actively pursue their studies. Failure to
comply with those conditions can justify inadmissibility proceedings and the
issuance of an exclusion order.
The Federal Court dismissed the judicial review, upheld the exclusion order, and confirmed the refusal of the applicant’s restoration application.
Case Citation: Kone v. Canada (Immigration, Refugees and Citizenship), 2018 FC 845 (CanLII)
