Federal Court Concludes that tuition does not need to be paid for study permit applications
The result of the federal court for the request for a tuition-free study permit
In this article, the issue of the result of the federal court for the application for a study permit without paying tuition is discussed, please stay with us. The Federal Court ruling of Tehrani v Canada stated that tuition does not need to be paid for study permit applications.
Tehrani, a citizen from Iran, applied for his study permit when he was accepted from a Project Management program at a Toronto College.
The study permit application was refused because the officer was not satisfied that Tehrani would leave Canada at the end of their study period. This decision was made based on family ties in Canada, their marital status and also, the fact that their tuition was partially paid, just to hold their place in the program.
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The court ruled that on the matter of tuition payment, according to the Immigration Refugee Protection Regulations (IRPR), the applicant needs to only establish that they have been accepted in the program, and does not need to prove that any or all tuition has been paid. The IRPR only requires applicants to prove that they have the financial ability to pay for the tuition and other expenses.
The officer had erred in using the fact that the applicant had only paid his tuition partially, and used this fact as a cause to refuse his application. Further, the officer also never found that Tehrani did not have the financial means to pursue his studies in Canada.
The court deemed that the payment of tuition was unrelated to whether the applicant would leave Canada at the end of their authorised stay. The court concluded that the officer’s decision to refuse Tehrani’s study permit application was unreasonable, as it lacked justification, and that it failed to engage with the evidence the applicant had provided.
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