HomeJudicial Review For Canadian Study Permit Refusal

Applying for and getting a Temporary Resident Visa (TRV) and Study Permit in Canada is not always easy. That’s why we are here to help. Our immigration experts have helped thousands of students obtain their study permits, even after more than one refusal. We know what it takes to get your application approved and will work tirelessly on your behalf.

We can advise and assist you in compiling and submitting your application, with the right documentation, so your submission is perfect the first time, for the fastest processing time, and minimal chance of rejection.

If you feel an administrative decision-making body mishandled your case or misappropriated its power, we can help. At Ghasemi Law, we have successfully overturned thousands of Canadian Study Permit Refusal decisions through judicial reviews.

Obtaining a student permit can be the first step in achieving your dreams. Let us help you take that step.

In Canada, we do not have a stand-alone student visa like in other countries. What we have is a Temporary Resident Visa also known as a TRV with a Study Permit attached to it which, as the name suggests, is permission for an applicant to take on a particular course of studies for a definite period of time. Since the study permit is an addition to or an extension of the temporary resident visa, all the applicable terms and conditions of the temporary resident visa also apply to the study permit holder. The most important one is the temporary nature of such residency. As such, even where the applicant met all other requirements of a study permit if the immigration officer or the visa officer cannot on the balance of probabilities satisfy himself or herself that the applicant is going to leave the country at the end of their studies, the officer is allowed to refuse the application referencing s. 216(1) of the Immigration and Refugee Protection Regulation or the IRPR.

When an application is refused on the grounds of s. 216(1) of the IRPR, that in itself is a fair indicator that the applicant has submitted an otherwise complete application. Because, if the applicant has missed a form or did not comply with all the basic requirements for a study permit, then the officer would have refused the application referring to those deficiencies and would not need to refer to s. 216(1). We have listed different grounds under s.216(1) based on which the immigration officer can refuse a study permit to an applicant, if your Canadian student visa (study permit) application was refused for the following reasons, in most cases, we can help you set aside that refusal through the Federal Court of Canada Judicial Review process.

• The officer is not satisfied that you will leave Canada at the end of your stay, as stipulated in subsection 216(1) of the IRPR, based on the purpose of your visit.
• The officer is not satisfied that you will leave Canada at the end of your stay, as stipulated in subsection 216(1) of the IRPR, based on your family ties in Canada and in your country of residence.
• The officer is not satisfied that you will leave Canada at the end of your stay, as stipulated in subsection 216(1) of the IRPR, based on your travel history.
• The officer is not satisfied that you will leave Canada at the end of your stay, as stipulated in subsection 216(1) of the IRPR, based on your immigration status.
• The officer is not satisfied that you will leave Canada at the end of your stay, as stipulated in subsection 216(1) of the IRPR, based on your current employment situation.

At Ghasemi Law, we have successfully overturned thousands of Canadian Study Permit Refusal decisions through judicial reviews.

Many legal decisions are made through “administrative decision-makers”. These legislative bodies can take various forms: The Canadian Borders Services Agency, the Immigration and Refugee Board of Canada, the College of Registered Nurses of BC, among others.

These decision-makers are given the power to execute and enforce certain laws, and their decisions are legally binding. However, when/if they act unfairly or unjustly, their decision can be reviewed and potentially overturned. This process is called a judicial review.

If you feel an administrative decision-making body mishandled your case or misappropriated its power, we at Pax law would be glad to guide you through the judicial review process. We will ardently advocate for your rights and represent you at court if necessary. Though we have extensive experience with matters relating to immigration (primarily study permit refusals), we are equipped to handle any reviews you may require.

For every ten (10) clients, we are successful in attaining a positive result for nine (9) either through a settlement or through a court order. It is important to note that the judicial review at the Federal Court of Canada is similar to the Court of Appeal and the Supreme Court of Canada in that evidence cannot be amended once it has been submitted.

On average this process takes about 2-6 months to arrive at a resolution by way of a settlement or court order. However, this is just a historical figure. We have had matters that were resolved in as little as one month and as long as one year.

• We charge a flat fee of $3,500 (the “Retainer”) which covers to the end of the hearing. It is important to note that the retainer fee must be paid before we begin working on your file. If at any point after we filed the IR-1 with the court the D.O.J. settles with you, you obtain a passport request, or your case ends up not being successful in the Judicial Review process, we do not refund any part of the retainer. If, after receiving and reviewing the GCMS notes, we determine that your file is not appropriate for judicial review, we will deduct $800 for two hours of legal work and return the rest of the retainer back to you.Contact one of our lawyers today to help you get started!