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Study permit refusal quashed for unresponsiveness and procedural fairness breach.
The applicant, a 23-year-old citizen of India, sought judicial review of the refusal of his study permit application to attend an English as a Second Language and business program in Canada.
The visa officer refused the application, finding the proposed studies unreasonable given the cost and local options, and concluding the applicant was not a bona fide student who would leave Canada at the end of his stay.
The Federal Court held that the officer breached procedural fairness by making a veiled credibility finding about the genuineness of the application without providing an opportunity to respond.
The Court also found the decision unreasonable because the officer's rationale failed to meaningfully account for the evidence or provide a rational chain of analysis for why the applicant's personal circumstances, academic history, or the cost of the program rendered the study plan unreasonable.
The application for judicial review was granted.
