Should your application for a study permit in Canada be denied, you could soon be eligible to take advantage of the nation's newest pilot program.

According to a CIC News report, Canada's Federal Court has announced the Study Permit Pilot Project, which is scheduled to begin on October 1. The project's goal is to expedite the process of seeking judicial review of study permit applications that have been denied.

Instead of the current processing time of 14–18 months, under the Pilot, people who request for leave and judicial review of their study permit refusals may be able to finish the entire process in less than five months. A person can appeal an immigration decision by requesting leave and judicial review, which is a procedure that the Federal Court of Canada grants.

Under normal procedures, a judge first decides whether to grant leave (permission) to an applicant to proceed with judicial review. If this leave is granted, then the case for judicial review is heard and assessed on its merits. Under the new Study Permit Pilot Project, requests for leave and judicial review will be considered at the same time.

Eligibility:

Students who filed for a study permit and received a letter from Immigration, Refugees and Citizenship Canada (IRCC) denying them may be eligible for the Study Permit Pilot Project. Additional requirements consist of:

• The applicant, who is a potential student, and the IRCC both agree to participate in the pilot study;
• Both parties concurring on the fundamental facts, as shown by the application papers the applicant filed with the IRCC, which included the complete justification for the IRCC's ruling;
• The case's facts and issues—either the original application for a study permit, the IRCC's denial, or both—being clear-cut (e.g., no factual or legal questions about national security or admissibility, and no need for a certified question);
• The petitioner does not have to ask for an extension of time to submit the leave application;
• The parties refrained from introducing affidavit evidence, as this new pilot project prohibits the introduction of new evidence through affidavits.