Rehman v. Canada (Citizenship and Immigration), 2015 FC 1021 : PGWP Refusal Upheld Because Applicant Did Not Maintain Full-Time Studies and Had No Valid Study Permit

The Federal Court reviewed the refusal of a Post-Graduation Work Permit application made by a Pakistani student who had completed a two-year college program only after taking several additional part-time courses.

The applicant also did not hold a valid study permit when he applied for the PGWP.

The Court upheld the refusal.

Key Principle

Under the PGWP rules considered in this case, an applicant was required to have continuously studied full-time and to hold a valid study permit when applying.

Part-time studies could be accepted in the final academic session, but that exception did not permit several consecutive part-time sessions used to complete missing program requirements.

Background

Mr. Rehman entered Canada in 2011 and studied Business Administration Accounting at New Brunswick Community College.

He studied full-time until April 2013 but failed one accounting course and could not graduate.

Over the following year, he enrolled in several part-time sessions at other institutions to complete an equivalent course. After eventually passing, NBCC granted his diploma in July 2014.

His study permit had already expired on March 31, 2014, and he applied for a PGWP and restoration on July 1, 2014.

Court Findings

The Federal Court found that the officer reasonably refused the PGWP for two separate reasons.

First, Mr. Rehman did not have a valid study permit when he applied. The Court found that this requirement alone supported the refusal.

Second, the Court agreed that his three consecutive periods of part-time study did not satisfy the requirement of continuous full-time studies.

The Court distinguished this from the exception allowing part-time status during a final academic session. It found that the existence of that specific exception supported the conclusion that full-time study was otherwise required throughout the program.

Outcome

The Federal Court dismissed the application for judicial review.

The case shows that, under the PGWP rules applied at the time, both valid study status and continuous full-time studies were important eligibility requirements, subject to the limited final-session exception.

Historical Note: PGWP eligibility rules have changed significantly since this 2015 decision. Current applicants should rely on the present IRCC requirements rather than this case alone.

Case Citation:

Rehman v. Canada (Citizenship and Immigration), 2015 FC 1021 CanLII