Canada's Federal Court has announced the Study Permit Pilot Project, which is scheduled to begin on October 1, according to a CIC News report. The project's goal is to expedite the process of seeking judicial review of study permit applications that have been denied.
Current scenario
The current processing period of 14–18 months may be shortened to less than five months under the Pilot for those who request for leave and judicial review of their study permit denials. A person can appeal an immigration decision by requesting leave and judicial review, which is a procedure that the Federal Court of Canada grants.
Typically, a judge makes the initial decision about whether to allow an applicant to continue with judicial review. The judicial review case is heard and evaluated on its merits if this leave is granted. The new Study Permit Pilot Project will assess leave petitions concurrently with court review.
There is no additional price for joining the project but filing for leave and court review costs $50.
Who is eligible to apply?
If students filed for a study permit and received a letter from Immigration, Refugees and Citizenship Canada (IRCC) denying them, they might be eligible for the Study Permit Pilot Project.
The applicant, who is a potential student, and the IRCC both agree to participate in the pilot study.
both parties concurring on the fundamental facts, as shown by the application papers the applicant filed with the IRCC, which included the complete justification for the IRCC's ruling.
The case's facts and issues—either the original application for a study permit, the IRCC's denial, or both—being clear-cut (e.g., no factual or legal questions about national security or admissibility, and no need for a certified question).
The petitioner does not have to ask for an extension of time to submit the leave application.
The parties have refrained from using affidavit evidence, as this new pilot project prohibits the introduction of new evidence through affidavits.
Applicants for study permits from within Canada have 15 days to reapply under this new initiative after receiving a rejection letter for their application. Those from outside Canada who are applying have sixty days from the date they get the rejection of their study permit application to reapply.
How to apply?
The court's electronic filing system must be used to submit all documents online.
In order to participate, candidates must submit a Form IR-1 application for Leave and Judicial Review, mentioning the Pilot Project in three different locations. Further information is available here.
A court will consider the application and notify the applicant following the filing of documents.