Virk v. Canada (Citizenship and Immigration), 2018 FC 1181 : Study Permit Refusal Set Aside Where Officer Second-Guessed Designated Learning

Devinder Singh Virk sought judicial review after a visa officer refused his in-Canada study permit application under paragraph 215(1)(f)(iii) of the IRPR. The officer concluded that Virk had not submitted proof that he had completed prerequisite studies or a conditional letter of acceptance. The Federal Court found the decision patently unreasonable because the University of the Fraser Valley had already accepted his prior studies as satisfying the prerequisite for admission.

Key Principle

Where paragraph 215(1)(f)(iii) of the IRPR permits an in-Canada study permit application based on completion of a course or program that is a prerequisite to enrolment at a designated learning institution, the designated institution’s determination that the prerequisite has been satisfied is central. A visa officer cannot impose an additional requirement for a conditional letter of acceptance or second-guess an unambiguous academic determination made by the institution itself.

 Background

Virk, an Indian citizen and temporary resident of Canada, was admitted by the University of the Fraser Valley to its Bachelor of Business Administration program. The university’s acceptance letter expressly stated that the admission was not conditional, and none of the listed conditions of acceptance were checked.

A separate letter from the Director of the School of Business confirmed Virk’s acceptance and stated that, because of extenuating circumstances, the university approved the use of his previously completed courses toward the requirements of the current program.

Virk had previously studied for two years at the university’s satellite campus in India and later completed two semesters at the university in Canada.

Court Findings

• No Conditional Acceptance Letter Was Required

The officer refused the application partly because Virk had not submitted a conditional letter of acceptance. The Court found there was no such requirement. The university’s admission was unconditional, and the officer therefore relied on a requirement that did not exist.

• University Had Already Accepted the Prerequisite Studies

The University of the Fraser Valley had expressly determined that Virk’s previously completed courses satisfied the prerequisite for his current studies. The Court found the university’s letter clear and unambiguous on this point.

• Officer Could Not Second-Guess the DLI’s Academic Decision

The Court held that determining whether Virk’s previous studies satisfied the academic prerequisite was for the designated learning institution to decide. Since the university had accepted those studies, it was not open to the visa officer to substitute a different academic assessment.

Outcome

The Federal Court granted judicial review and remitted the study permit application to another visa officer for redetermination. No serious question of general importance was certified.

Case Citation:

Virk v. Canada (Citizenship and Immigration), 2018 FC 1181 (CanLII)