Study Permit Refused: What to Do in Canada

What does a study permit refusal mean?

A study permit refusal is an officer's decision not to issue a permit on a particular application. The officer's reasons are in the decision letter, and the legal requirements they work within are set out in the Regulations.

The Immigration and Refugee Protection Regulations (the Regulations) set out when an officer issues a permit. IRCC states, in its description of the application process, that if an application is refused it sends a letter that says why. Almost every later choice, whether to reapply or go to court, starts with that letter.

What does the officer have to be satisfied of?

Section 216(1) of the Regulations sets the main test, subject to the exceptions in s. 216(2) and (3). Sections 219 and 220 add specific conditions, and s. 220 has its own exceptions. In plain terms, the file has to show the following.

Leaving at the end of the stay. The Act says a foreign national who seeks to become a temporary resident must establish that they will leave Canada when the authorized stay ends (s. 20(1)(b)). How an officer weighs the facts depends on the file.

School acceptance. For post-secondary schools, the Regulations tie acceptance to a confirmation that the school itself provides to the Minister (s. 219(1)(a)). IRCC also says that a letter of acceptance from a school that is not on the designated list leads to a refusal.

Money. Subject to its exceptions, s. 220 requires sufficient and available funds, without working in Canada, for three things: tuition, support for you and any accompanying family members, and travel to and from Canada.

Why do study permit applications get refused?

The reasons in a decision letter vary, and no list can predict yours. The requirements in the table above are the legal categories the officer works within, and a lawyer can compare the letter's reasons against them.

IRCC's document guidance shows how many pieces go into one file: a letter of acceptance, a provincial or territorial attestation letter (needed in most cases), proof of identity, proof of funds, and a recommended letter of explanation.

Two points about reading the letter:

• The letter states the reasons the officer gave, and a lawyer can compare them with the documents that were submitted.
• Notes kept in the IRCC file may add detail about what the officer relied on; the general guide to judicial review in Federal Court explains how those notes can be requested.

Reapply or ask the Federal Court to review?

These are different tools. A lawyer can explain how they interact for a particular file.

Whether the letter points to something that can be addressed with new documents, or to a concern about how the decision was made, is something a lawyer would assess. The grounds for relief are set out in Federal Courts Act s. 18.1(4) and include a failure to observe procedural fairness and an error of law. If a concern was never put to the applicant, procedural fairness may be part of the conversation.

Some people also ask IRCC to reconsider. The differences are covered in reconsideration request or judicial review.

How long do you have to apply for judicial review of a study permit refusal?

The time limit is written into section 72(2)(b) of the Act. The application, with notice to the other party, must be filed in the Federal Court registry:

• 15 days where the matter is one that arose inside Canada, or
• 60 days where it arose outside Canada,

with the count starting on the day of notification, or on the day the applicant otherwise learned of the matter.

Section 72(2)(c) lets a judge allow more time "for special reasons." The Federal Court's immigration judicial review rules (rule 6) say a request for more time goes in the application itself and is decided together with the leave application.

Whether a particular refusal "arose" in Canada or outside Canada is not always obvious. It depends on the facts of the application. The deadline depends on the facts and should be confirmed with a lawyer immediately.

Does it matter if you applied from inside or outside Canada?

It can matter in two ways.

The clock. The Act sets different periods for a matter arising in Canada and one arising outside Canada.

Your status. The Regulations distinguish between applying before arriving and applying after entry. The Regulations list when a person already in the country may apply for a study permit (s. 215(1)), for example if they already hold a study permit or work permit, or apply within a defined window around the expiry of their authorization. A person applying from abroad generally applies before entering Canada (s. 213). If status has lapsed, see restoration of status. Those questions turn on exact dates and are best checked with a lawyer.

How does judicial review of a study permit refusal work?

Under the Act, judicial review is commenced by asking the Federal Court for leave (s. 72(1)), meaning the case cannot go forward without the Court's permission. The general process is described in the guide to judicial review of an immigration decision; in outline, for a study permit refusal:

1. The application for leave is filed and served within the 15-day or 60-day limit.
2. If the applicant has not received written reasons, the Registry asks the decision-maker for them (rule 9).
3. The applicant files a supporting record with affidavit evidence and a memorandum of argument, usually within 30 days (rule 10).
4. A respondent who opposes leave may file its own materials within 30 days after service of the applicant's record (rule 11).
5. A judge disposes of the leave application without delay and in a summary way (s. 72(2)(d)).
6. If leave is granted, the hearing is set for a date between 30 and 90 days after that decision, or earlier if the parties agree (s. 74(b)).

Unless a judge directs otherwise, the leave application is decided without personal appearance (s. 72(2)(d)), and no appeal lies from the Court's decision on that application (s. 72(2)(e)). After a hearing on the merits, s. 74(d) permits an appeal to the Federal Court of Appeal only where the judge certifies a serious question of general importance. The standard the Court applies when reviewing a decision is the one discussed in Vavilov, 2019 SCC 65.

When it is worth talking to a lawyer

A lawyer can add the most value when:

• a refusal letter has been received and the 15-day or 60-day clock may already be running;
• the letter's reasons do not seem to match the documents that were submitted;
• the officer appears to have raised a concern without giving a chance to respond;
• a program start date, school deposit or tuition payment depends on the outcome;
• the letter mentions misrepresentation or there has been more than one refusal;
• your current status in Canada is expiring or unclear.

What to gather

• The refusal decision itself, together with any earlier IRCC letters or requests
• The full application as submitted, with the confirmation page and receipt
• Letter of acceptance and any provincial or territorial attestation letter
• Proof of funds and the source of those funds
• Passport pages, prior permits and travel history
• Proof of the date the decision was received