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Be careful not to file illegitimate documents if you want your record blemish-free for future.

Last Updated: September 22, 2021

Immigration in Canada - Ace-Blog

To enter Canada as an international student, one needs to have a study permit. A study permit authorises an individual to study at designated learning institutes in Canada.


The process of acquiring a study permit is fairly simple. The person needs to seek a suitable program or course & then enrol himself in it. Obtaining the Letter of Acceptance from the school/college in which the individual wishes to study is mandatory.


It goes without saying that one should possess all the necessary documents & papers that are required while applying for a study permit. But, at times things can turn out to be complex. Today we’ll discuss a case where the federal court dismissed a lady’s plea for a judicial review.


Ms. Simran Kaur Gill, an inhabitant of India, questioned a Visa officer’s decision who rejected her study permit application.


In 2019, the applicant applied for a study permit to study Information Technology Infrastructure in Kitchener, Ontario. As we know to do the same one needs to provide IRCC with all the relevant documents. In her case, she presented a Master of Technology degree from Karnataka State Open University, in Mysore, India. As to verify the documents, IRCC sent an email to the applicant’s college to which they responded that the mentioned program was no longer recognised by the University Grants Commission.


Soon after this, IRCC sent a procedural fairness letter to Ms. Simran declaring that the documents that she had submitted were found out to be fraudulent.


In return, her representative responded with a recent letter from the Karnataka State Open University that stated she has passed all the exams & has been awarded the degree of The Applicant also attached a recent World Education Services (WES) report declaring that Karnataka State Open University is a “Recognised Institution” and that the Applicant’s Canadian Equivalency is a “Master’s degree.”


The Visa Officer had concerns regarding the documents that she had provided. He raised questions on the authenticity of the letters that she had mentioned were given to her by the University. He stated why would a University provide her with a clearance document while the University Grants Commission has already confirmed they have withdrawn the recognition of the program. It seemed to him that the letter had been forged as it contained a lot of grammatical errors as well.


The applicant argued in the court that the Visa Officer decided in haste & that the decision wasn’t fair. But, a Visa Officer has the authority to refuse applications & in this case, the Officer’s refusal to issue the Applicant a study permit was reasonable and within the range of possible, acceptable outcomes, mentioned the court. Hence, her application seeking judicial review was rejected.


Link of the Judgement:

Name of the Judgement: Gill v. Canada (Citizenship and Immigration) – 2021 FC 841

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