Federal Court questions Canadian study permit refusal based on past academics

The Federal Court of Canada recently ruled that the rejection of an applicant’s study permit, based on previous poor academic performance and perceived inconsistencies in educational goals, lacked justification. Consequently, the court determined that the application was eligible for judicial review.

In 2021, an Indian citizen received an acceptance letter for a full-time graduate program in International Business Management at Niagara College in Toronto. Along with this acceptance, the applicant submitted applications for a study permit and temporary residence permit to Immigration, Refugees and Citizenship Canada (IRCC).

Several months later, the applicant received a letter informing him that his study permit had been denied. The immigration officer cited two main reasons for the refusal: low academic performance in previous studies and perceived inconsistencies in the choice of educational programs.

Specifically, the officer pointed out that the applicant had received low average grades, ranging from 40% to 59%, in core subjects from his transcripts at the University of Mumbai. The officer argued that this academic history did not demonstrate the required proficiency for success in the Canadian study program.

Regarding the perceived “inconsistency” in the applicant’s educational goals, the officer noted that the applicant had initially applied for Data Analytics for Business, which was denied, and later applied for International Business Management. The officer claimed that these changes in educational goals lacked consistency, and the applicant had not provided a sufficient explanation for this shift.

The court found fault with the officer’s assessment of the applicant’s academic performance, stating that the officer failed to establish a clear link between past academic performance and the potential for success in the intended program. The court emphasized that low grades in one area of study should not automatically disqualify an applicant from excelling in a different program. In support of this view, the court referenced a similar case, Patel v Canada (Citizenship and Immigration), which noted that academic success is not solely determined by past performance and can evolve over time.

Additionally, the court found the officer’s assessment of the consistency of the applicant’s educational goals to be insufficient. The applicant had provided a letter explaining the rationale for choosing the International Business program, but the officer’s decision appeared arbitrary without further justification.

This case sets a precedent that past poor academic performance should not be a definitive factor in assessing an applicant’s ability to succeed in a different academic program or in obtaining a study permit. Furthermore, it underscores the importance of allowing applicants to pursue different study programs in Canada, provided they provide a reasonable rationale for their choices.

For those considering studying in Canada, the application process for a study permit typically involves the following steps:

1. Obtain a letter of acceptance from a Designated Learning Institution (DLI).
2. Demonstrate sufficient financial support to cover the first year of tuition, living expenses, and return transportation to your home country.
3. Obtain a Certificat d’acceptation du Quebec (Quebec Acceptance Certificate, or CAQ) if planning to study in Quebec.
4. Maintain a clean record, as applicants with a criminal background or those posing a security risk may be refused, and a police clearance certificate might be requested.
5. Maintain good health and be prepared for a possible medical examination.
6. Convince the immigration officer that you intend to leave Canada upon the completion of your authorized stay.

Additionally, the Student Direct Stream (SDS) is a program designed to expedite the Canadian study permit application process for international students from specific countries. Applicants from eligible countries must provide documents such as a letter of acceptance, confirmation of an upfront medical exam, proof of a Guaranteed Investment Certificate (GIC) of $10,000, proof of paid tuition fees for the first year, and language test results, with the specified minimum scores in English language proficiency.

Starting from August 10, 2023, IRCC will accept additional English language tests, including CELPIP General, CAEL, Pearson Test of English (PTE) Academic, and Educational Testing Service (ETS) TOEFL iBT Test, alongside the previously accepted IELTS scores.