Canada Launches New Pilot Project to Speed Up Judicial Reviews for Rejected Study Permits
In a major development for international students, Canada has introduced a Study Permit Pilot Project aimed at drastically reducing the processing time for judicial reviews of rejected study permit applications. Launched by the Federal Court in collaboration with Immigration, Refugees, and Citizenship Canada (IRCC), this new initiative seeks to make the process faster and more efficient. Here's everything you need to know.
What is the Study Permit Pilot Project?
The Study Permit Pilot Project is designed to streamline the judicial review process for students whose study permit applications have been denied by the IRCC. Typically, a judicial review can take anywhere from 14 to 18 months. Under this pilot, however, the process could be completed in just under five months.
How Does It Work?
When a study permit application is denied, students can seek judicial review. Normally, the process has two stages: first, a judge grants or denies permission (leave) to review the case. Then, if leave is granted, the case is assessed on its merits.
The pilot project speeds up this process by combining both stages into one. This means that the request for leave and the judicial review itself are considered simultaneously, cutting down on wait times.
Who Is Eligible?
To qualify for the Study Permit Pilot Project, applicants must meet the following criteria:
- Applied for a study permit and received a refusal letter from IRCC.
- Both the applicant and IRCC must agree to opt into the pilot.
- The facts of the case must be straightforward, with no issues of inadmissibility or national security.
- No new evidence or affidavits are allowed under the pilot, and the applicant must submit the review request within 15 days (inside Canada) or 60 days (outside Canada) of receiving the refusal.
How to Apply
Eligible students must file all documents online through the Federal Court’s electronic system. They need to submit an Application for Leave and Judicial Review using Form IR-1 and ensure the pilot project is mentioned in specific parts of the application.
The entire process will cost the same as a regular application for judicial review—$50—with no additional fees for opting into the pilot project.
Why Is Canada Introducing This Pilot?
The Federal Court has seen a massive increase in immigration-related cases, anticipating over 24,000 filings by the end of 2024, four times the pre-pandemic average. This surge, driven by a growing number of temporary residents (students, workers, and visitors), has overwhelmed the system.
This pilot project is part of a broader set of policies aimed at managing the influx of international students. Canada recently introduced a cap of 485,000 study permits for 2024, with further reductions planned for 2025.
Additional Policy Changes Impacting International Students
The Study Permit Pilot Project is not the only change coming for international students. Other measures include:
- Reducing the number of new study permits to 437,000 in 2025.
- Introducing language criteria for Post-Graduation Work Permit (PGWP) eligibility.
- Linking PGWP eligibility to fields of study with high labor demand.
- Limiting spousal open work permits for the spouses of Master’s students, based on the length of the educational program.
What This Means for International Students
The new pilot project provides a faster, more efficient way for students to challenge study permit refusals, potentially saving months of waiting time. However, it also reflects Canada’s tightening policies on international students, as the country seeks to balance its immigration goals with pressures on housing and affordability.
If you’ve had a study permit rejected, this pilot project could offer a much quicker path to appeal the decision, giving students an opportunity to get back on track with their education plans.
Final Thoughts
Canada’s Study Permit Pilot Project is a game-changer for students facing study permit rejections, offering a quicker resolution and a clearer path forward.
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