Federal Court rules IRCC can refuse Canadian study permit applications due to low grades

The Federal Court has ruled that it is reasonable for an Immigration, Refugees and Citizenship Canada (IRCC) visa officer to refuse a study permit application if the applicant has low grades

The Federal Court has ruled that it is reasonable for an Immigration, Refugees and Citizenship Canada (IRCC) visa officer to refuse a study permit application if the applicant has low grades from a previous program of study in “core courses” or “core subjects” that are related to their intended program of study in Canada.

In the Barot vs. Canada (Citizenship and Immigration) Federal Court case, the applicant was a 23-year-old citizen from India. He applied for judicial review of a decision by an IRCC visa officer that refused his application for a study permit.

The applicant received a Bachelor’s Degree in Management Studies at the University of Mumbai in 2020. In 2021, the applicant applied for a study permit to pursue a post-graduate certificate in entrepreneurship management at Canadore College.

Along with his application, the applicant submitted his letter of acceptance to Canadore College, his transcripts and a letter of support from his current employer.

Even though Canadore College accepted the applicant, the visa officer denied his study permit application on the basis that the applicant did not demonstrate academic proficiency necessary to complete his studies in Canada. The transcripts provided by the applicant indicated low average marks, especially in core subjects.

The officer concluded that the applicant was not a bona fide student and that the selected program of study was unreasonable.

In addition, the Court ruled that the visa officer did not have to explain why they are determining someone’s grades to be too low even though a Canadian post-secondary institution admitted the student.

Implications of this case are that visa officers have extensive discretion to refuse applications. In addition, if you are a student with lower grades, you should attempt to quiet concerns and provide arguments as to how those grades will affect (or not affect) your ability to successfully complete your proposed studies.