The
Federal Court dismissed judicial review of IRCC’s refusal to reconsider a study
permit extension application. The Court found that the officer reasonably
concluded that the applicant had not provided sufficient evidence to justify a
study gap exceeding 150 days or to establish continued compliance with study
permit conditions.
Key
Principle
A
study gap exceeding 150 days may support a finding that a student has not
actively pursued studies under subsection 220.1(1) of the Immigration and
Refugee Protection Regulations.
Where
a student relies on an explanation for a gap exceeding 150 days, the student
must provide sufficient documentation supporting the leave from studies, the
change of institution, and continued enrolment. A prior study permit extension
does not guarantee that IRCC will accept the same explanation in a later
extension application.
Background
Baljit
Singh, an Indian national, arrived in Canada in August 2019 to study at
Northern College. He subsequently changed programs and institutions multiple
times: from Mechanical Technician at Northern College, to Tool Making at
Sheridan College, to Supply Chain at Canadore College, which he completed in
November 2020. He did not begin his next program—Project Management at Georgian
College—until May 17, 2021, creating a gap exceeding 150 days.
The
gap between the completion of his program at Canadore College and the beginning
of his program at Georgian College exceeded 150 days.
Mr.
Singh explained that he had difficulty finding an appropriate program and that
his family experienced financial difficulties during the COVID-19 pandemic. He
later obtained a first study permit extension in July 2021.
However,
when he applied for a second extension, IRCC refused the application. The
officer found that Mr. Singh had changed institutions and programs repeatedly,
had no logical academic progression, and had failed to actively pursue his
studies because his leave from studies exceeded 150 days.
Mr. Singh requested reconsideration. He argued that IRCC had previously accepted his explanation for the study gap when it granted his first extension and that he relied on that approval to continue his studies.
Court
Findings
The
Court found that the reconsideration officer reasonably addressed the
applicant’s explanation for the study gap.
The
officer acknowledged that Mr. Singh had exceeded the 150-day period allowed
under IRCC policy for changing institutions or taking an authorized leave from
studies. The officer found that the applicant had provided insufficient
documentation supporting his change of institution and leave from studies.
The
Court held that the officer was not required to give decisive weight to the
fact that a previous study permit extension had been granted. There was little
information before the Court about why the first extension was approved, and
the earlier approval did not require IRCC to approve the second extension
application.
The
Court also found that the officer reasonably relied on the absence of updated
documentation from a designated learning institution. Mr. Singh’s letter of
acceptance from Georgian College indicated that his program would be completed
by December 18, 2021, but he continued studying until April 2022. He did not
provide a new letter of acceptance confirming his continued enrolment or
revised completion date.
The
Federal Court dismissed the application for judicial review and upheld the
refusal to reconsider the study permit extension application.
Case
Citation: Singh v. Canada (Citizenship
and Immigration), 2024 FC 1225 (CanLII)
