We argued this determination was based in the Applicant’s arguments upon unforeseeable credibility concerns (he would not leave, course of study, gap in schooling) which were not put to the Applicant and to which the Applicant was not given an opportunity to respond and factual errors unsupported by the record.  The Applicant also argued the Officer failed to properly assess important, credible, and highly relevant evidence including the ESL course he was taking was a compulsory requirement of admission to his program of study in Canada, he could not take another ESL course at a different location, why he was resuming studies later in life, his dual intention, the course of study was linked to his previous study and his significant ties to his home country. In all, the Applicant was of the view he presented an application that was complete and met all legal requirements.

It is well established in law when considering a study permit application, immigration officers have discretion in assessing the evidence and arriving at a decision. However, the decision must contain reasonable findings of fact based on an analysis of relevant evidence. It is trite law that a decision that runs contrary to the evidence is unreasonable.[2]

The Respondent argued the concerns arose from the legislative requirements and it was an insufficiency of evidence finding and reasonable.  There was no procedural breach, no right to an interview and the Applicant was simply disagreeing with the weight assigned by the Officer to the evidence.  Although there may have been other options open to the Officer the negative finding based upon this rational was still within the range of reasonable outcomes.  The Court did not agree and the Honourable Justice Grammond determined the decson was unreasonable.[3]

This case in my view is a good reminder that these applications should not be based upon generalizations and stereotypes but upon an applicant’s individualized circumstances.[4] So, in these types of circumstances suspicions, stereotypes, generalizations or whatever the description have no place. Simply put, the Applicant’s 250 plus page application for a study permit was complete and met all legal requirements and he was owed the opportunity to have his individual circumstances considered.  Anything less is not reasonable and the Federal Court agreed.

For a more detailed discussion of this stage please subscribe to Immquest in our publications section – click here

For more information on applying for a study permit or challenging a refusal please contact us

Thank you for reading.

Sources

The post Study Permit Cases Should Be Decided on Individual Factors and Not Stereotypes or Generalizations first appeared on Bellissimo Law Group.

 2. Parental Sponsorships will no longer be lottery based but again “first come, first ” 20,000 applications will be accepted.  The interest to sponsor form will be available at noon EST on January 28, 2019.

To learn more about parental sponsorships click here.

3. Biometrics  were introduced effective July 31^st 2018 in the Europe, Middle East and Africa region and now introduced in December 31^st 2018 for Asia, Asia Pacific and American region, for all persons between 14 to 79 years of age who are:

• applying for a Temporary Resident Visa, Temporary Resident Permit, work permits or study permits (except American citizens)
• claiming refugee protection
• applying for permanent residence
• renewing permanent residence (PR) Cards for persons who were under 14 when they obtained their initial PR Card
• Once the Biometric fee is paid, applicants await instructions from IRCC

4. Medical inadmissibility – In June 2018 IRCC implemented a temporary public policy tripling the excessive demand threshold for medical inadmissibility costs from $6,604.00 to $6,839.00 respectively to 3 times that average $19,812 to $20,517 in 2019. IRCC also removed special education services, social and vocational rehabilitation services and personal support services as social service costs that would factor into a medical inadmissibility assessment.

To learn more about medical inadmissibility click here.

5. Beware… American Citizens whom are permanent residents of Canada may now require their PR Card to board an airplane destined for In many instances US citizens travelling to Canada are now required to scan their US passports and are asked the question (through the scanning device) “Are you a permanent resident of Canada?” Answering yes will result in the denial of a boarding pass in the absence of a PR card or permanent resident travel document.

To learn more about permanent residency cards click here.

The next five updates in Part II will address – Impaired Driving Now Constitutes Serious Criminality, Improved processing times, Changes to Visa Application Centres and short term work permit exemptions.

Thank you for reading.

For more information please contact us.

The post 10 Important Updates in Canadian Immigration Law, Policy and Processing Part I first appeared on Bellissimo Law Group.

The Saudi Ministry of Education has later announced exceptions to that decision and confirmed that some groups of students will receive new financial scholarships issued by the Saudi Arabia Cultural Bureau, in particular:

• medical trainees, which includes physicians, dentists and nurses
• graduate (master’s and Ph.D.) students in all academic disciplines
• undergraduate scholarship students in the final year of their bachelor programs

In light of the above, Immigration, Refugees and Citizenship Canada announced that for applicants who do not fall into any of the categories above, the new instructions are to be followed in the processing of study permits and extensions.

In the new applications for study permits and study permit extensions that include a scholarship from the Kingdom of Saudi Arabia as the sole proof of funds, the officers are required to do both of the following:

• request additional proof of funds from the applicant
• allow 30 days for the applicant to provide the proof of funds

After 30 days, if additional proof of funds is provided by the applicant, officers will assess the application, taking into consideration the new proof of funds.

If no additional proof of funds is provided, and the officer is not satisfied that the student will be able to pay for tuition, maintain themselves and accompanying family members during their stay and pay for any necessary transportation costs for themselves and their family members, the application will be refused under section 220 of the Immigration and Refugee Protection Regulations.

Applications for study permits and study permit extensions from nationals of the Kingdom of Saudi Arabia that do not include a scholarship from the Kingdom of Saudi Arabia, but include other proof of funds, are to be processed as regular study permit applications.

The post New Instructions for Saudi Arabian Nationals Regarding Study Permits first appeared on Bellissimo Law Group.

Without a valid study permit, international students are unable to travel outside of Canada and cannot visit their home countries. If they do, they may face several obstacles upon return, including delays during re-entry or have their university careers put at risk.

Citizenship and Immigration Canada (CIC) cites the high number of applications they have received, as well as their complexity, as the reasons behind longer wait times. In addition, some applications are completed incorrectly. For this reason, it is important to make sure that all information submitted is correct in order to avoid further delays.

For more information and key tips on study permit applications, please click here.

(Source)

The post Longer-Than-Average Wait times for Study Permits first appeared on Bellissimo Law Group.

The quality of education in Canada is amongst the highest in the world, and tuition fees for international students and the cost of living are generally lower than countries such as the United States and the United Kingdom.

A great advantage is that International students can apply for an off campus work permit during their studies to earn extra money and gain valuable work experience.

Many students choose Canada to further their education because Degrees from Canadian universities are highly valued and recognized all around the world.

Canada is known for being the most multicultural nation in the world, regardless of where you are coming from, students feel at home in the diverse communities and campuses.

Click here to watch Ms. Mennie, Immigration Lawyer at Bellissimo Law Group discuss key tips about study permits!

The post Top Reasons to Study in Canada first appeared on Bellissimo Law Group.