Every summer, our firm gets a lot of enquiries from people overseas who made an application to study in Canada, have had their study permit refused, and are now wondering what went wrong. The truth is, it’s not enough for you to simply want to study in Canada and have the funds to show you can afford your plans. There is a myriad of factors that Immigration, Refugees and Citizenship Canada takes into consideration when deciding to approve or reject a study permit application. This article will help you to better understand the factors that need to be in place to give you the best chance to have your study permit to Canada approved.
I want to highlight that it’s a very good idea to work with a professional on your study permit application, right from the start. As you will see in our blog post about applying for a study permit, there are many factors taken into consideration by IRCC that you probably have not considered when you submitted your original application.
Now that you have been refused a study permit, it can be very difficult to get approval on a subsequent application, even if the new application has been much better prepared. The reason for this is that Canada is using artificial intelligence to help with decision-making in several of its offices. There is a box on the application form that you must check to report if you have had a refusal before. In some visa posts, when a refusal is declared on the application form, it seems that another refusal is issued automatically. In those situations, it’s doubtful that an actual person ever looks at the file and so no one will be alert to the fact that you have done a much better job of preparing your subsequent application. The more refusals you collect, the more difficult it becomes to obtain an eventual approval – no matter what you do. For that reason, it’s extremely important that your first study permit application is prepared as comprehensively as possible.
Can I Appeal Study Permit Refusal?
If you have already been refused a study permit to Canada, a meeting with a professional is really a necessity before making a new application. You need to have an honest assessment of your situation to better understand if you have a decent case to try again with a new application, or if you are better off focusing your time and energy in a different direction.
If you are able to address many of the factors outlined in our post about applying for a study permit, then it may be worthwhile for you to make a subsequent study permit application. However, this application needs to be perfect, and it needs to be prepared with the understanding that if it is refused, you will need to proceed to a judicial review if you want to try to force the visa post to approve your study permit. If you have been refused previously, and artificial intelligence is likely to issue an automatic rejection on your new application, judicial review is the only option for you to have an actual person assess the bonafide of your situation.
What is Judicial Review for a Canadian Immigration Application Refusal?
Judicial review is, in simple terms, the process of suing the Canadian government because you feel that a decision on your immigration application has been made in error. It is the only avenue of appeal available to an individual who cannot obtain approval by making an application to the relevant visa post. The process of requesting a Judicial review is expensive – it can cost between $1000-$10,000 CAD depending on how far into the process you need to proceed until the matter is settled. It is also time-consuming and can take up to 12 months until you receive a decision. However, for those of you who have been refused entry to Canada and are unwilling to give up on the dream of life in Canada, Judicial Review is one of your only options if you want to continue to pursue your dream.
How to Prepare a Canadian Immigration Application for Possible Judicial Review?
A judicial review of an immigration application is a review of the application that was submitted and refused. No new information is permitted to be considered after the fact. Therefore, it’s critical that your new submissions are perfected if you are making a new application with the plan to request judicial review of any refusal. It would be almost impossible for you to prepare your own application to the standard that is needed in order to make the judicial review a reasonable alternative. If you aren’t prepared to call in a professional at this stage of the game, there isn’t much point in proceeding further.
Who Should I Meet with to Discuss a Judicial Review?
Canadian Immigration Consultants are not authorized to practice in federal court; therefore, if you want to proceed to a judicial review, you will eventually need to hire a Canadian Immigration Lawyer. However, a lawyer doesn’t need to be your first step. It is our recommendation that you first meet with an Immigration Consultant who has experience in dealing with temporary applications and judicial review. During this meeting, you should gain a realistic understanding of your chances for success and discuss what would be required in order to prepare an application that could potentially withstand judicial review. It will be far less costly for you to work with a consultant to prepare the perfected application, submit it and then decide what course of action is needed to move forward. At that time, if you need to move forward with a judicial review, your consultant can refer you to a trusted lawyer to make the next steps. I know what you are saying. Wouldn’t it be more efficient to just meet with a lawyer from the start? I’m going to share an industry secret with you. You need to meet with someone who you are certain has your best interests at heart – reading Google Reviews from past clients might be a good place to start. Here’s the secret – in most law firms, each lawyer has to meet a certain number of billable hours each month. As each month comes to an end, there is enormous pressure to take on files to meet those requirements. Sadly, I have seen a lot of cases that did not stand a chance of being overturned by Judicial Review, yet the client spent thousands and waited for months to receive an outcome that was obvious from the start. Hence, my recommendation is that you talk to an experienced Immigration Consultant as your first step in exploring the possibility of Judicial Review. A consultant cannot take your case to federal court, so there is no financial incentive for them to encourage you to do so unnecessarily. But ensure that you ask about the consultant’s experience in this area, as not everyone has the needed experience to provide wise counsel in this area.
The Way Immigration has experience in preparing study permit applications that will withstand the Judicial Review process. Our applications that have been unlawfully refused at the visa post level have been successfully overturned in federal court. We have also frankly counselled applicants that their situations are not solid enough to either apply for a study permit in the first place or to appeal using Judicial Review. In every situation, we take into consideration what is in the best interests of the client and seek to provide a thorough understanding of the potential risks and possible rewards of a given application. We counsel all of our clients according to the standards that we would appreciate if we were in their situation – with a high level of expertise and an honest assessment of how the client should spend their funds and invest their hopes.