Dear Mr Brown,

I hope you are well. I am currently in Jamaica and enrolled in online classes at a college in Canada. I am wondering why it took so long to get a response from the Canadian High Commission, as I submitted a study permit application in April and I was refused the permit on September 24. I also heard that many study permits are being refused during the COVID-19 pandemic.

— DW

Dear DW:

The Canadian High Commission’s processing time has been extremely delayed during the pandemic. There is also an alarming trend of study permit applications submitted during the pandemic being refused, with very vague and unhelpful cut-and-pasted responses.

There is a definite crash in the international student population in Canada for this academic year, regardless of whether studies are offered online.

Immigration file

No one has any control over high commission decisions. However, an applicant is able to reapply as there is no formal right to an appeal for a study permit.

The refusal letter that you received is a standard document that outlines the general conclusions regarding the refusal. The letter often states conclusions, without explaining them or the thoughts of the immigration officer on reaching the decision to refuse an application.

However, your file contains the notes from the immigration officer, which explain or provide the rationale for the decision.

Oftentimes, applicants feel that a Canadian High Commission refusal means that something is wrong with their profile or the application. But that is not necessarily the case. Sometimes the file exposes a decision that is unreasonable and/or unjustified in law. For example, if an application is only refused because of the pandemic (that is an expedient way of clearing a backlog of applications due to COVID-19 protocols), then that decision should be overturned, as it is unjust.

The immigration officer has the discretion to refuse an application, but the discretion should be based on transparent standards. The only way to know the true basis of the refusal decision, (justified or unjustified), is to review the actual file.

Safe and effective vaccine

The best option is to review your actual file to understand the complete basis for the study permit refusal. I can assist you with the process of obtaining and reviewing your file to make the resubmission.

I recommend reapplying for the study permit when the pandemic circumstances improve, which will be based on the availability of a safe and effective vaccine. Of course, an applicant would have to still address any concerns of the immigration officer in the previous application.

The Canadian borders remain closed until October 31, 2020 for most classes of visas due to the pandemic. The Canadian Government extends border restrictions, month by month, based on the current circumstances. As such, we will not know when the majority of study permit holders will be able to enter Canada.

Please visit jamaica2canada.com for additional information on Canadian permanent residence programmes, including Express Entry, the s tudy and w ork programme, visitor’s visas or appeals, etc.

Antonn Brown, BA, (Hons), LLB, MSc, RCIC, is an immigration counsel and an accredited Canadian education agent of JAMAICA2CANADA.COM — a Canadian immigration & education firm in Kingston. Send questions/comments to Jamaica2canada@gmail.com