By: Laura Schemitsch
At Heron Law Offices, we feel privileged to assist clients who trust us to find a path to success for their unique and sometimes complex cases.
Prior to retaining our office, a young international university student completed three years of a four year undergraduate degree at a prestigious post-secondary institution in Canada from 2017-2020. The student completed the first two years of their degree and returned to their home county during the COVID-19 pandemic and completed an internship. The student returned to Canada with a valid study permit in 2021 and applied for an extension. The student submitted a second application while the first was in processing. While in processing, the original permit expired. Both applications were rejected. With the assistance of an immigration consultant, the student applied for restoration of status which was also rejected. At this point, the Applicant left Canada voluntarily.
Following these refusals, the Applicant came to us for assistance and re-applied for a study permit from outside Canada. Understandably, our client had a strong desire and incentive to complete the final year of their undergraduate degree. Despite strong evidence including a job offer upon graduation and strong ties to their home country, the application was refused on the basis that the Officer was not satisfied the Applicant was a bona fide student who would leave Canada at the end of their authorized stay.
Following this refusal, the Applicant retained our services to apply to judicially review the decision in Federal Court due to an unreasonable and procedurally unfair decision. We argued the decision breached procedural fairness by making credibility findings about the Applicant without giving them an opportunity to respond. In addition, the Officer made unreasonable findings related to the Applicant’s previous refusals.
After a successful judicial review, our office helped the Applicant provide strong reopening evidence and submissions and the study permit was accepted. Our client was overjoyed to learn that they would be able to return to Canada to complete their degree.
This success story highlights the importance of the judicial review process in Canadian immigration when Applicants experience a refusal, particularly when that refusal seems illogical and unwarranted. If you receive a templated decision, contact our office to learn about the steps you can take to learn more about and potentially challenge your refusal so that your immigration journey can continue.
