Odeseye v. Canada (Citizenship and Immigration), 2025 FC 93 : Study Permit Refusal Upheld Due to Failure to Maintain Full-Time Status During Academic Sessions

The Federal Court reviewed IRCC’s refusal of Delight Ayomide Odeseye’s application for restoration of status and a post-graduation work permit. The Nigerian applicant had studied at Western University but was enrolled in fewer than the number of credits required for full-time status during the Fall/Winter 2017 academic session. She argued that the university continued to regard her as a full-time student and that financial hardship should excuse the reduced course load. The Court dismissed judicial review, finding that the officer reasonably applied the mandatory PGWP eligibility requirements and did not breach procedural fairness.

Key Principle

The eligibility criteria contained in IRCC’s Post-Graduation Work Permit Program Delivery Instructions must be strictly applied. An officer has no discretion to waive the requirement that an applicant maintain full-time student status during every academic session, except for the limited recognized exceptions, including an authorized leave or part-time studies during the final academic session. Rules or exemptions governing compliance with study permit conditions do not automatically create additional exceptions to the separate PGWP eligibility requirements.

Background

The applicant applied in December 2022 for restoration of her temporary resident status and a PGWP.

Her transcript showed that she had enrolled in 2.5 credits during the Fall/Winter 2017 academic session. Western University’s published policy stated that students enrolled in at least 3.5 courses during the Fall/Winter session were considered full-time, while students enrolled in fewer courses were considered part-time.

The officer therefore concluded that the applicant had not maintained full-time student status during every academic session of her program. The Fall/Winter 2017 session was not her final academic session, and the record did not establish that the reduced course load resulted from an authorized leave.

The applicant relied on two university letters stating that she had been registered as a full-time student during the 2020 summer term and the 2017 Fall/Winter term. She also relied on IRCC guidance concerning study permit holders who suddenly become impoverished.

Court Findings

• Transcript Supported the Officer’s Finding

The transcript showed enrollment below the university’s published 3.5-course threshold. The university letters did not contradict the specific course-load evidence or establish continuous full-time status throughout the program.

• PGWP Requirements Were Mandatory

The officer had no discretion to disregard the full-time study requirement. The recognized exceptions were limited to authorized leave and part-time registration during the final academic session.

• Financial Hardship Did Not Create a PGWP Exception

The guidance concerning study permit holders who become unexpectedly impoverished governed study permit compliance, not PGWP eligibility. It could not override the separate PGWP Program Delivery Instructions.

• No Procedural Fairness Letter Was Required

The officer’s concern arose directly from the published eligibility criteria and the applicant’s transcript. Since the issue involved failure to meet a known program requirement rather than credibility or undisclosed information, the officer was not required to seek clarification or provide an interview.

Outcome

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

Case Citation:

Odeseye v. Canada (Citizenship and Immigration), 2025 FC 93 (CanLII)