On October 1, 2024, Canada’s Federal Court initiated a pilot program designed to expedite the judicial review process for rejected study permit applications. The goal of this initiative is to reduce the processing time from the current 14 to 18 months down to just five months, addressing the growing backlog of cases.
This new program was developed with collaboration from key stakeholders, including Immigration, Refugees and Citizenship Canada (IRCC), the Department of Justice (DOJ), and the Federal Court Citizenship, Immigration, and Refugee Law Bar Liaison Committee, according to Immigration News Canada (INC).
The initiative comes in response to a surge in rejected applications, which have reached record levels for the third consecutive year.
Key Insights
Reports indicate a significant increase in immigration-related filings at the Federal Court, with projections suggesting nearly 24,000 cases will be processed by the end of 2024—four times the annual filings recorded prior to the pandemic. Many applicants for study permits have been facing extended wait times for judicial reviews, which can adversely impact their educational pursuits.
Chief Justice Paul Crampton highlighted the benefits of the new initiative, stating, “This will be a win-win for applicants, who will save significant time and costs, and for the Court, which will save scarce judicial and registry resources.”
How the Program Works
Under this pilot program, the judicial review process will be streamlined by eliminating the need for a court hearing. Judges will concurrently evaluate the leave to appeal and the merits of each case, simplifying the review process and conserving resources.
The Study Permit Pilot Project aims to tackle the backlog of judicial reviews for rejected study permits. By simplifying the procedure, the Federal Court is providing applicants with a faster route to resolve their applications.
This initiative is anticipated to positively affect international students aiming to study in Canada. The progress and effectiveness of the pilot will be monitored closely, with the potential for it to guide future improvements in immigration processes.
