Study
permit refusals are not always based on whether an applicant has chosen the
wrong program or failed to demonstrate sufficient finances. In many cases,
officers question whether the applicant is genuinely coming to Canada to study.
These concerns often arise where an applicant has a significant gap between
studies, returns to education after several years of employment, or pursues
further studies after already establishing a career.
However,
a study gap, age, previous education, or professional background does not
automatically mean that an applicant is not a genuine student. The issue in
Judicial Review is whether the officer properly assessed the applicant’s
explanation, study plan, and personal circumstances before reaching a
conclusion about their motivation.
The
Federal Court has considered several cases where officers raised concerns about
an applicant’s genuine intention to study but failed to properly engage with
the evidence provided.
Shafaeian
v. Canada, 2024 FC 2051
The
applicant completed a Bachelor’s degree in Microbiology in Iran in 2012 and
spent more than a decade building her career in the biotechnology field. During
this period, she received several promotions and eventually worked as a
Biotechnology Research Associate. She was later accepted into a Master of
Science in Biotechnology program in Canada.
The
officer refused the application and raised concerns about the applicant’s
“large gap” in studies, noting that there was no education history between 2012
and 2023. The officer also questioned whether the proposed studies were
reasonable.
The
Federal Court found the decision unreasonable. The Court held that the officer
failed to explain why a period of professional employment after completing
undergraduate studies should negatively affect the applicant’s intention to
pursue further education. The Court noted that there was no logical basis for
assuming that higher education must immediately follow previous studies.
The
Court emphasized that the applicant’s years of professional experience were
relevant to understanding why she was pursuing further education. A study gap,
without more, cannot automatically establish that an applicant is not a genuine
student.
Mehdikhani
v. Canada, 2023 FC 1473
The
applicant was a 32-year-old Iranian citizen who was accepted into a
post-baccalaureate diploma program in Canada. The officer was not satisfied
that the applicant was a genuine student and concluded that he “may be seeking
entry to Canada for reasons other than educational advancement.”
The
Federal Court found the refusal unreasonable because the officer failed to
properly assess the applicant’s circumstances. The applicant had provided
evidence of his family ties, assets, employment, and reasons for returning to
Iran after his studies.
The
Court held that officers must consider the broader circumstances of an
applicant, including factors that may encourage the applicant to return home.
While the officer did not have to accept those factors as determinative, the
officer was required to explain why they were insufficient.
Farkhondehfal
v. Canada, 2024 FC 692
The
applicant was a 43-year-old Iranian citizen with a Bachelor’s degree in Nursing
and significant professional experience in pharmaceutical-related roles. She
applied for a program in Office Administration and Health Services in Canada.
The
officer questioned the applicant’s motivation, finding that the proposed
studies were not reasonable given her previous education and employment
history.
The
Federal Court found the refusal unreasonable because the officer did not
meaningfully engage with the applicant’s explanation of why the program would
benefit her professional goals. The Court found that the officer’s conclusion
that the applicant’s motivation was unreasonable was not supported by a clear
analysis of the evidence.
Akbar Pour Shandiz v. Canada,
2026 FC 255
The
applicant had a law degree and was working in her family’s restaurant business.
She applied for an MBA program and provided evidence that the education would
support her future role as Director of Operations within the business.
The
officer questioned why the applicant needed further education given her
previous studies and current career. The officer also found that the applicant
had not demonstrated why the program would be beneficial.
The
Federal Court found the refusal unreasonable. The Court held that it was not
logical to conclude that further education was unreasonable simply because the
applicant already had a different degree or established career. The Court found
that the MBA was directly connected to the applicant’s future role and that the
officer failed to properly assess the evidence supporting her study plan.
What
These Cases Mean for Study Permit Applicants
These
cases demonstrate that applicants do not have to follow a traditional
educational path to be considered genuine students. Many applicants return to
school after years of employment, pursue additional qualifications later in
life, or change direction after gaining professional experience.
Officers
are entitled to assess whether an applicant is genuinely coming to study.
However, that assessment must be based on the applicant’s actual circumstances
and evidence. A refusal may become reviewable where an officer relies on
assumptions about age, study gaps, previous education, or career history
without properly addressing the applicant’s explanation.
At A&M Immigration Law Corporation, we help applicants review study permit refusals, identify possible legal errors, and determine whether Judicial Review is the appropriate next step.
Written by:
Dr. Muhammad
Abrar (Barrister and
Solicitor)
Author | Writer | Mentor | Legal Researcher | Canadian
Immigration Case Law and Statistics Analyst





