The Federal court has dismissed a review application from a student on refusal of study permit by a visa officer due to below average grade in his previous studies. Denial of the study permit resulted from poor performance in the student’s major subjects from a previous program .
In the Canadian case Barot vs. Canada (Citizenship and Immigration), the 23 year old Indian national applied for judicial review of a decision by a visa officer dated February 22, 2022, refusing his application for a study permit under subsection 216(1) of the Immigration and Refugee Protection Regulations.
The applicant graduated from the University of Mumbai in 2020 with a Bachelor’s Degree in Management Studies. On November 9, 2021, the applicant applied for a study permit in order to pursue the post-graduate certificate in entrepreneurship management at Canadore College. As per the process, the applicant filed the letter of acceptance into the intended program at Canadore College. The applicant included his transcripts from the University of Mumbai and a letter of support with regards to his work experience from his employer in India.
By letter dated February 22, 2022, the applicant’s application for a study permit was refused. The officer was not satisfied that the applicant would leave Canada at the end of his stay, as required by the IRPR, based on the purpose of his visit.
The visa officer noted that he was not satisfied, the motivation to pursue this particular program, at this point in time in Canada, is reasonable; the officer argued that the client failed to demonstrate the academic proficiency necessary to complete studies in Canada. The officer’s rationale was that the student scored below average grades in core subjects and thus pursuing the selected program of study is reasonable given the high cost of international study in Canada when weighed against the potential career/ employment benefits after completion. The officer also noted that there were local options available for similar studies. The officer thus made the decision that he was not satisfied that this applicant was a bona fide student as the applicant has failed to establish that they are a bona fide temporary resident who will leave Canada following the completion of their studies pursuant to section R216.
Th court sided with the visa officer and dismissed the appeal.
Ways to submit applications for the study permit
Canada is a lucrative destination for study due to the country’s excellent standard of education. Students are allowed to work while they study.
A prospective student must meet the given requirements to apply for a study permit:
Must have a letter of acceptance from a Designated Learning Institute (DLI)
Must have enough funds to complete a student’s first year of tuition, living expenses, and return airfare.
It is essential that you obtain a CAQ before studying in Montreal or anywhere else in Quebec.
An immaculate track record. If an applicant has a criminal history or constitutes a security threat to Canada, they may be rejected. Police clearance certificates are required by the IRCC.
Maintain a healthy lifestyle. Medical examinations are required by IRCC.
Upon expiration of the authorized period per the study permit, inform the immigration official that you will depart Canada.