- The Study Permit Pilot Project aims to reduce processing time for rejected study permits from 14-18 months to five months.
- Applicants may skip hearings if they meet the project’s simplified process criteria, streamlining judicial review.
- Critics express concerns about limited time for filing and reduced chances to present new evidence.
The Federal Court of Canada has launched the Study Permit Pilot Project, designed to fast-track judicial reviews of rejected study permit applications.
However, the pilot program has sparked concerns. Critics argue that the streamlined process, while efficient, might limit applicants’ opportunities to present new evidence or request hearings, particularly with the restrictive 15-day application window.
Canada’s Federal Court Unveils Fast-Track Judicial Review for Rejected Study Permit Cases
In an effort to tackle the backlog in study permit application rejections, Canada’s Federal Court has launched a pilot program aimed at expediting judicial reviews. The Study Permit Pilot Project, created in partnership with Immigration, Refugees and Citizenship Canada (IRCC), seeks to reduce the review process from 14-18 months to just five months. By allowing judges to rule on both leave and judicial review simultaneously, the initiative significantly speeds up the resolution of these cases.
Chief Justice Paul Crampton described the project as a major efficiency improvement, noting that it would save applicants both time and money while conserving judicial resources. Under the new process, cases meeting certain criteria may skip the need for a formal hearing. This change comes amid rising rejection rates for study permits and heightened pressure on Canada’s immigration system.
Despite the promise of faster processing, concerns have been raised about the impact on applicants’ rights. The streamlined process does not allow for the presentation of new evidence or the guarantee of a hearing, which some fear could undermine the thoroughness of judicial reviews. Additionally, the limited 15-day window to apply may prevent applicants from fully preparing their cases.
The pilot program is launching at a critical time, following the Canadian government’s announcement of an international student cap, which could reduce the number of study permit holders by 35% from 2023. This, coupled with record rejection rates and a broader decrease in temporary visa issuance, highlights the challenges facing Canada’s immigration and visa systems.
As Canada grapples with record high rejection rates for study permits and a shifting immigration policy landscape, the pilot program may provide a faster, more efficient process, but it raises important questions about fairness and access to justice.
“This initiative is a win-win for applicants who will save significant time and costs, and for the Court, which will save scarce judicial and registry resources.” — Chief Justice Paul Crampton
