Singh v. Canada (Citizenship and Immigration), 2025 FC 1463: Temporary Resident Permit Not Available to Remedy Non-Compliance with Study Permit Conditions

Introduction

The Federal Court reviewed the refusal of a Temporary Resident Permit (TRP) and accompanying open work permit application submitted by an international student who had become inadmissible after failing to comply with his study permit conditions and remaining in Canada without status. The applicant argued that the officer failed to meaningfully consider the hardships he experienced during his studies, including financial difficulties caused by the COVID-19 pandemic and what he viewed as unfair refusals of his study permit extension and Post-Graduation Work Permit (PGWP). The Court dismissed the application, finding that the officer reasonably concluded a TRP was not justified because the applicant failed to demonstrate why he could not regularize his immigration status from outside Canada.

Key Principle

A Temporary Resident Permit is an exceptional discretionary remedy intended to provide flexibility where compelling circumstances justify allowing an inadmissible or non-compliant foreign national to remain in Canada. Applicants bear the burden of demonstrating that the circumstances justify granting a TRP, including why they cannot reasonably regularize their immigration status from outside Canada. Officers are not required to revisit or correct previous immigration decisions when assessing a TRP application.

Background

The applicant entered Canada on a study permit in 2019 but failed to continuously comply with the conditions of his permit after experiencing a gap of more than 150 days between academic programs. Although he obtained one study permit extension, a subsequent extension was refused due to his non-compliance. His later application for a Post-Graduation Work Permit was also refused because he no longer held a valid study permit.

Following these refusals, the applicant applied for a Temporary Resident Permit and an open work permit. He argued that financial pressures arising from the COVID-19 pandemic had disrupted his studies and that he had been unfairly prejudiced by the earlier immigration decisions. He submitted that these circumstances justified allowing him to remain in Canada despite his inadmissibility.

Court Findings

• TRPs Are Reserved for Exceptional Circumstances

The Court reaffirmed that subsection 24(1) of the Immigration and Refugee Protection Act provides officers with broad discretion to issue a Temporary Resident Permit only where compelling circumstances justify exempting an applicant from the normal requirements of the Act. The remedy is intended to address situations where strict application of the legislation would result in undue hardship.

• Officer Reasonably Found Status Could Be Regularized from Abroad

The Court held that the officer meaningfully considered the applicant’s immigration history, including the difficulties he encountered while studying in Canada. However, the officer reasonably concluded that the applicant had failed to demonstrate why he could not return to India and pursue any future immigration applications from there. Because the applicant provided no evidence that he would experience particular hardship if required to regularize his status from abroad, the officer reasonably found that granting a TRP was not justified.

• TRP Officers Do Not Reconsider Earlier Immigration Decisions

The Court also confirmed that the officer was not required to revisit or reassess the correctness of the previous refusals of the applicant’s study permit extension or PGWP application. Those earlier decisions were separate matters, and the officer properly focused on whether the circumstances justified granting a TRP based on the evidence before them.

Outcome

The Federal Court dismissed the application for judicial review, concluding that the officer reasonably exercised their discretion in refusing the Temporary Resident Permit and accompanying work permit. The decision reinforces that applicants seeking a TRP must establish compelling reasons why they cannot reasonably pursue their immigration objectives through the ordinary immigration process outside Canada.

Case Citation: Singh v. Canada (Citizenship and Immigration), 2025 FC 1463 (CanLII)