The judgement has been passed by the Federal Court stating that it's within the rights of a visa officer from Immigration, Refugees and Citizenship Canada (IRCC) to turn down a student visa application if the applicant's previous study program reveals poor performance in major courses related to their planned field of study in Canada.
This verdict came about during the Federal Court case, Barot vs. Canada (Citizenship and Immigration). Here, the individual appealing was a 23-year-old Indian citizen, who had called for a judicial review of the IRCC visa officer's decision which rejected his student visa application.
In 2020, the appellant earned a Bachelor’s Degree in Management Studies from the University of Mumbai. In the following year, he applied for a Canadian study permit with the goal of earning a post-graduate certificate in entrepreneurship management from Canadore College.
As part of his application, the appellant submitted several documents including his letter of acceptance from Canadore College, academic transcripts and a supporting letter from his current employer.
Despite receiving admission from Canadore College, his application for the study permit was rejected by the visa officer. The denial was based on the finding that the applicant lacked the necessary academic skills to successfully complete his education in Canada. The academic transcripts submitted by the applicant exhibited poor average grades, especially in the key subjects. The officer deemed the applicant to be a non-genuine student and judged his chosen study program to be irrational.
Furthermore, the court established that a visa officer isn't obligated to justify their decision when judging an applicant's academic grades as insufficient, even if a Canadian tertiary institution has accepted the student.
The implications of this case suggest that visa officers hold significant power in denying applications. If a student possesses lower academic grades, it would be prudent to allay doubts and provide reasoning as to how these grades will (or will not) impede their success in their proposed course of study.
Applying for a Canadian Study Permit
Canada is a prominent destination for foreign students, attributed to the superior standard of education, the chance for students to work while studying, and the relatively easier process to attain permanent residency.
To be eligible for a study permit application, a potential student must meet the following criteria:
- Have a letter of acceptance from a recognized learning institution
- Demonstrate adequate financial resources to manage the first year of tuition, living costs and return travel to their native country
- For studying in Montreal or other parts of Quebec Province, obtain a Certificat d’acceptation du Quebec (Quebec Acceptance Certificate, or CAQ)
- Maintain a clean record. Applicants with a criminal background or perceived as a threat to Canadian security may face rejection. In some instances, a police clearance certificate may be required by the IRCC
- Be in good health. A medical examination might be requested by the IRCC
- Convince the immigration officer that you will leave Canada at the end of the authorized stay under the study permit
Applications for the study permit should be lodged as soon as the acceptance letter from a learning institution is received, due to varying student permit processing durations.
Student Direct Stream
The Student Direct Stream (SDS) is an initiative aimed at streamlining the process of applying for a Canadian study permit for residents of certain nations. The program caters to residents of 14 countries:
- Antigua and Barbuda
- Brazil
- China
- Colombia
- Costa Rica
- India
- Morocco
- Pakistan
- Peru
- Philippines
- Senegal
- St. Vincent and the Grenadines
- Trinidad and Tobago
- Vietnam
The SDS is designed to process eligible applications in approximately 20 days. For potential students intending to apply for a Canadian study permit via the SDS program, the following are required:
- A copy of an acceptance letter from a Canadian Designated Learning Institution
- A medical examination confirmation document
- Evidence of having secured a Guaranteed Investment Certificate (GIC) of $10,000
- Proof of prepayment of tuition fees for the initial year of study
- Certified language test results, obtained within two years of the SDS application receipt, showing an IELTS score of 6 for English or NCLC 7 for French
- Submission of the application through a Visa Application Centre (VAC)