Immigration Canada - PanCanadian Immigration Law Group

Restoration of Temporary Resident Permit and study permit Refused

Discussion in 'Studying in Canada' started by Khaled Raihan, Jul 9, 2014.

  1. Khaled Raihan

    Khaled Raihan New Member

    Hello there, My restoration for TRV and Study permit is refused due to following reason.
    A visitor, worker or student who loses Temporary status for failure to comply with following conditions imposed under: paragraph 185(a), any of sub paragraphs 185 (b) (i) to (iii) or paragraph 185 (C) may be eligible for restoration of TRS if an application is submitted within 90 days after loss of status and if following examination it is established that the applicant meets the initial requirements for their stay and has complied with any other conditions imposed. In your case, you are engaged in Distance Learning Courses that do not require you to physically be in Canada to study and that you have not satisfied an officer you are a genuine Temporary resident, therefore you are not eligible to have your temporary resident status restored.

    Since you no longer hold TRS in Canada your application for a Study permit is also refused.

    Since by definition distance learning does not require one to be in Canada, a study permit cannot be issued for this type of courses.

    In reaching a decision, an officer considered several factors, which include the applicant's

    1. reason for Original Entry and reason for requested extension.
    2. Ties to country for PR including - employment and study commitments.
    3. Financial means for extended stay and rerun home.

    After considering all the circumstances of your case, i m not satisfied that you meet the requirements of the act and regulation.

    X You are a person in Canada without legal status and as such are required to leave Canada Immediately.
  2. Khaled Raihan

    Khaled Raihan New Member

    So My temporary Resident status expired on 25 March 2014. And the decision of refusal of my application for restoration is given to me July2, 2014.

    This is what my lawyer said, " Unfortunately, your application to restore your status and obtain a student permit was refused. The main reason they gave for it, and is something that I was afraid of, is your distance learning. Citizenship and Immigration Canada does not consider distance education as an activity that requires a study permit, and as a result, they have used this to base their decision since you were living in Toronto but studying in a different province. Since I was concerned about this, I tried to explain that you needed to be physically present in Canada to write your exams, but they have not felt compelled enough to issue the study permit. As your permit expired, you will need to make arrangements to leave the country.

    The only option available at this point would be a judicial review of this decision, which needs to be brought by way of application with the federal court. To reverse this decision, you would need to show the court that they are incorrect that you do not need to be in Canada to continue with your studies and that they made a mistake in their decision-making. It is unfortunate that I am not in Toronto at the time as I would like to talk to you about this in person and we can do so next Monday or Tuesday as soon as I am back. However, I wanted to send you all this information since a judicial review is a time sensitive matter and I wanted you to start thinking about this.

    The alternative would be to enroll in studies that are not distance or internet courses to finish your degree and re-apply for the study permit. We can discuss that as well.
  3. Khaled Raihan

    Khaled Raihan New Member

    Just Wondering what should i do now.. i have been living in canada over 5 years and now i have to leave.. please advise me if there is any second chance
  4. Khaled Raihan

    Khaled Raihan New Member

    I was in On-campus for 2 years in Newfoundland and then came to toronto and doing distance courses but i have been refused first time for the extension of my study permit due to unable to provide a letter from university stating when i'll be graduating and whether or not i m full time and part time. 2nd time when i applied within restoration period i have submitted all nesseary documents and now they have refused me on the basis of Distance Learning . My restoration period is not valid anymore until they give me that decision a couple of days ago... Is there any hope for me pls? I seek you advice and thank you
  5. Panusa

    Panusa Administrator Staff Member

    If the restoration period has passed, and your permit was rejected, unfortunately, you don't likely have any options left.

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