Zhang v. Canada (Citizenship and Immigration), 2014 FC 499 : Study Permit Refusal Overturned Because Officer Failed to Properly Assess Study Purpose, Return Ties and Financial Evidence

The Federal Court reviewed the refusal of a study permit application by a Chinese applicant who had been admitted to a Canadian program in Desktop Publishing after previously being refused a study permit for a different program.

The Court overturned the refusal because the officer failed to provide an objective basis for questioning the applicant’s genuine study plans and did not properly consider the evidence concerning her intention to return to China and her ability to pay for her studies.

Key Principle

A study permit applicant must satisfy the officer that she will leave Canada at the end of the authorized period. However, an officer cannot reject a study plan based simply on a generalized assumption that a change in educational or career direction indicates an intention to remain in Canada.

The officer must assess the applicant’s explanation in light of the evidence and personal circumstances of the particular applicant.

Financial concerns must likewise be based on reasonable findings of fact and the evidence in the record. Where the applicant has provided evidence of tuition payments and financial support from family members, the officer must meaningfully consider that evidence before concluding that the applicant cannot afford the proposed studies.

Background

The applicant was a 26-year-old citizen of China who had previously studied broadcasting and hosting in China.

She initially applied for a study permit to attend an English-Language and Culture Intensive Program at McGill University, but that application was refused.

She later applied for a study permit to study Desktop Publishing at Rosemount Technology Centre of the English Montreal School Board.

In her study plan, the applicant explained that she had been unable to find employment in the television industry after graduation and that competition in the field was increasing. She explained that she had reconsidered her career plans after becoming engaged to a fiancé who worked in publishing and that they intended to establish a business together.

The officer refused the application, finding that the applicant was not a bona fide student and had not demonstrated that she would leave Canada at the end of her stay. The officer also concluded that she had failed to demonstrate that she could afford the proposed program.

Court Findings

The Federal Court found that the officer’s concerns about the applicant’s genuine intention to study were not adequately supported by the evidence.

The applicant had provided an explanation for changing her career direction. Although the Court acknowledged that the study plan did not explain every detail of the proposed business, it provided a plausible explanation for why the applicant wished to study Desktop Publishing.

The Court held that such an explanation could not simply be discarded without an objective reason for questioning the applicant’s motivation.

The officer also failed to properly consider the applicant’s ties to China. Her fiancé lived there, owned a business and had purchased an apartment in her name. The applicant stated that she intended to establish her future career and family in China and to care for her parents there.

The Court emphasized that these statements could not simply be ignored. While a declaration cannot automatically be presumed to be true, it must be assessed together with the applicant’s other evidence and personal circumstances.

The Court also found that the officer had failed to reasonably assess the applicant’s financial circumstances.

The applicant had already paid approximately two-thirds of her tuition, and the school had provided an invoice confirming the payments. She also provided evidence that her parents had prepared approximately RMB 280,000, or about CAD $50,000, for her living expenses and remaining tuition.

The officer did not explain why this evidence was insufficient to demonstrate that the applicant could afford her studies.

The Court therefore concluded that the officer’s findings concerning the applicant’s study purpose, intention to leave Canada and financial ability were not reasonably supported by the record.

Outcome

The Federal Court allowed the application for judicial review, set aside the study permit refusal and returned the matter to a different visa officer for redetermination.

Case Citation:

Zhang v. Canada (Citizenship and Immigration), 2014 FC 499 CanLII