In the current immigration climate, even a small mistake by IRCC can have devastating consequences for international students. This recent case handled by Fateh Law Corporation is a clear example of how a legally incorrect refusal pushed a student out of status — and how timely judicial review in the Federal Court of Canada led to a settlement.

Background: A Study Permit Extension Refused in Error

Our client applied from inside Canada for a study permit extension. He was continuing the same program at the same designated learning institution.

Despite this, IRCC refused the application on the basis that the client did not submit a PAL (Provincial Attestation Letter).

This refusal was legally incorrect.

Under current immigration policy, a PAL is not required when:
  • A student is extending their study permit, and
  • The student is continuing the same course at the same institution
This error by IRCC had serious consequences. Because of the study permit refusal, our client was rendered out of status, putting his education and future in Canada at risk.

Conflicting Advice and the Risk of Waiting

After the refusal, the client received mixed advice:
  • Some suggested filing only a reconsideration
  • Others advised applying only for restoration of status

While these options can sometimes help, neither guarantees a decision — and both can take months with no response. Meanwhile, the client remained out of status.

At Fateh Law Corporation, we took a different approach.

A Strategic Three-Pronged Legal Response

We advised the client to act decisively and protect all legal avenues simultaneously:
  1. Judicial Review in the Federal Court of Canada
    Because the refusal was issued inside Canada, the client had 15 days to challenge the decision.
  2. Restoration of Status Application
  3. Reconsideration Request to IRCC

Critical Timelines in the Case

  • September 12 – Study permit extension refused
  • September 17 – Judicial Review filed in the Federal Court of Canada

Judicial review application filed in the Federal Court of Canada on September 17, 2025 regarding a study permit refusal

  • October 15 – Restoration and reconsideration filed

Study permit reconsideration request submitted to IRCC

  • November 17 – Formal settlement invitation sent to the Department of Justice

Formal settlement proposal sent to the Department of Justice

  • December 16 – Settlement proposed
Despite filing restoration and reconsideration, IRCC provided no response. This silence is common and often leaves applicants in prolonged uncertainty.

Litigation Changed the Power Dynamic

On November 17, we served the Department of Justice with our intention to settle the matter. They requested that we first provide full legal arguments outlining why the refusal was unreasonable.
We complied by submitting:
  • Detailed legal submissions
  • A sworn affidavit from the client
  • Clear evidence showing that the PAL requirement was misapplied
Within their statutory response timeline, the Department of Justice proposed a settlement on December 16.
Department of Justice settlement proposal outlining reconsideration of a study permit refusal

Why Judicial Review Made the Difference

This case highlights a crucial reality:

If we had relied only on reconsideration or restoration, the client could have remained out of status indefinitely.
Judicial review:
  • Forces accountability
  • Creates enforceable deadlines
  • Engages the Department of Justice
  • Shifts the balance of power back to the applicant
Litigation is often the only effective tool when IRCC errors are left unaddressed.

What Happens Next

Following the settlement, we are optimistic that:
  • The client’s overstay will be regularized
  • The wrongful refusal will be set aside
  • The study permit extension will be granted
  • The client can finally complete his education in Canada

Key Takeaways for Students Facing Refusals

  • Not all refusals are lawful
  • IRCC errors are increasing
  • Reconsideration and restoration alone may not be enough
  • Judicial review has strict deadlines — missing them can cost you your case

Final Thoughts

Refusals may be on the rise, but your legal rights remain intact.

Never underestimate:
  • The power of judicial review
  • The importance of early legal strategy
  • The value of having a barrister and solicitor who can represent you in the Federal Court

When the system fails, the fight for justice may be difficult — but it is often worth fighting.

If you believe your refusal is unreasonable or legally incorrect, seek proper legal advice immediately. Time is often the most critical factor.