Law360 Canada (August 9, 2023, 6:04 AM EDT) -- Application by Kumar for judicial review of visa officer’s decision refusing his study permit. The applicant received a letter of acceptance to enter a full-time graduate program in Toronto. With his letter of acceptance, the applicant submitted a study permit and temporary residence permit application to Immigration, Refugees and Citizenship Canada (IRCC). His study permit application was refused on the grounds that it did not meet the requirements of the Immigration and Refugee Protection Act (IRPA) and Immigration and Refugee Protection Regulations (IRPR), and that he would not leave Canada at the end of the period authorized for stay based on the purpose of the visit. The visa officer stated that the transcripts submitted by the applicant reflected low-to-low average prior scholastic history, thus he was not satisfied that the applicant had demonstrated the academic proficiency required to successfully complete the study program in Canada. The applicant submitted that the officer’s findings with respect to his previous academic performance lacked justification and transparency. The respondent argued that academic proficiency could not be presumed from acceptance into a program and the officer’s concern about the applicant’s prior academic history were properly rooted in the evidentiary record....
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