Pilot Project to Expedite Judicial Review for Rejected Student Visas

Written by: Sara Bahadori 

On October 1, 2024, the Federal Court of Canada launched a pilot project aimed at streamlining the judicial review process for rejected study permit applications. This new initiative, called the Study Permit Pilot Project, is expected to deliver resolutions within five months, significantly reducing the typical 14-18-month wait time for judicial review.

Pilot Project Goals and Eligibility Criteria
The Study Permit Pilot Project aims to reduce procedural steps and avoid the need for hearings. To participate in the Pilot Project, applicants must meet several criteria:

1. Rejected Study Permit: The applicant’s study permit application must have been denied.
2. Consent from Both Parties: Both parties agree to opt in to the Pilot Project.
3. Agreement on Facts: The facts of the case must be undisputed and supported by the application materials and the IRCC’s reasons for the decision.
4. Non-Complex Cases: The case must not involve complex issues such as inadmissibility, national security concerns, or requests for certified questions.
5. Timeliness: The applicant cannot request an extension to file the Application for Leave.
6. No Affidavits: Affidavits will not be submitted by either party.
7. Simplified Tribunal Record: IRCC must provide a Simplified Certified Tribunal Record to support the review.

This streamlined approach allows for cases to be reviewed quickly, benefiting both the applicants, who face tight timelines to pursue education in Canada, and the Federal Court, which seeks to allocate its resources efficiently.

Key Procedural Changes under the Pilot Project
The Study Permit Pilot Project introduces several major procedural modifications to accelerate the judicial review process:

1. No Hearings Required: Applicants and IRCC officials will not be required to attend hearings, thereby reducing both the time and costs for all parties involved.
2. Simultaneous Determination of Leave and Merits: Typically, the Court first decides on whether to grant leave to the applicant before proceeding to hear the merits of the case. This Pilot combines the request for leave and judicial review processes, enabling the judge to assess both aspects simultaneously.
3. Shortened Timeline: With these modifications, cases are expected to reach a decision within five months, a significant reduction compared to the previous timeline.

The Pilot Project is essential to address the increasing backlog of study permit cases. For many international students, delays in the court process can lead to lost university placements, forfeited scholarships, or missed critical deadlines. By streamlining the process, the Federal Court aims to lessen students’ financial and emotional strain and help them obtain timely resolutions. However, not all accepted applications will qualify for the Pilot Project. Students with cases involving more intricate legal issues may still face extended timelines.

The Federal Court’s Study Permit Pilot Project marks a meaningful step toward addressing the growing volume of immigration cases and enhancing the judicial review process for international students.