The Reasonableness of a Proposed Program of Study

29th Sep 2018 Comments Off on The Reasonableness of a Proposed Program of Study

Last updated on July 10th, 2020

One of the more common reasons for a study permit application to be refused is because a visa officer determines that an applicant’s proposed program of study in Canada is unreasonable given the applicant’s background.  The wording of such refusals varies, but it typically includes statements about how an individual could study in a similar program for a cheaper cost in their country of residence, or that there is no logical academic progression given their previous studies.

The following is an example of such a refusal.

The Law

Visa officers have the authority to determine whether a study permit applicant’s proposed program of study is reasonable.  It is reasonable for an officer to find that an intended program does not accord with an applicant’s previous academic history.  Officers can also question applicants who are abruptly changing career paths.

However, the decisions of visa officers must demonstrate that all evidence of applicants was considered. Where they do not, the decisions will be unreasonable.

For example, in Taiwo v. Canada (Citizenship and Immigration), Justice Shore stated that:

The Officer should not have doubted the Applicant’s explanations regarding his change of career path. The Applicant first studied in Sociology from 1995 to 2000, even though from 2004 to 2012, he has been employed as a Financial Officer and a Financial Manager. In 2012, the Applicant became the Financial Director at Tropical Spectrum BDC Ltd., a family owned business by the Applicant himself, in which he owns the majority of the shares of the company. The business is currently still running, recognizing that it is the Applicant’s wife, as stated in her sworn affidavit of financial support that she will take care of the company during the absence of her husband.

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