Study Permit Refused: Reapply, Reconsideration or Judicial Review?
· Harjeet Arora, RCIC-IRB
A study permit refusal should be reviewed before simply filing the same application again. The reasons, evidence, officer notes, current program requirements and any legal or procedural error determine the better next step.
Reapply
A new application can make sense where the refusal identifies an evidentiary weakness that can genuinely be corrected. Current requirements must also be satisfied; for example, a new valid PAL/TAL may be required after a refused application where the applicant is not exempt.
Reconsideration
A reconsideration request asks the decision-maker to revisit the refusal. It is discretionary and should generally identify a concrete reason the decision should be reopened rather than simply disagreeing with the result.
Judicial review
Federal Court review can be considered where the decision raises a reviewable legal, factual or procedural issue. The Court process is not a new study-permit application. Federal Court representation is handled through FDI by its authorized in-house lawyer.
See Study Permit Refusal and Judicial Review.
Related guidance: Responding to a procedural fairness letter involving misrepresentation.
Review the refusal before choosing a remedy
Compare the refusal letter with the original application and supporting documents. Identify whether the concern involves finances, study purpose, admissibility, missing documents or procedural fairness. Any new application should address the actual deficiency rather than repeat unsupported statements.
General information only. Deadlines and the correct remedy are case-specific.