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By Ranbir S. Thind, Barrister & Solicitor Immigration Law Practice Since 2004 If you have received a Post-Graduation Work Permit (PGWP) refusal after completing a Portage College program, you are not alone. Our office has been contacted by a growing number of graduates seeking legal advice after Immigration, Refugees and Citizenship Canada (IRCC) refused their PGWP applications. Many of these graduates completed Portage College programs delivered through Campbell College under an educational partnership. Although every immigration application must be decided on its own facts, many students have received refusal letters containing similar reasons and have questions about whether their applications were assessed fairly and in accordance with Canadian immigration law. A PGWP refusal can have serious consequences. It may affect your ability to work in Canada, maintain your immigration status, gain valuable Canadian work experience, and pursue permanent residence. For many international graduates, a PGWP is an important step toward gaining Canadian work experience and may assist in qualifying for permanent residence through certain immigration programs. The fact that your application has been refused does not automatically mean the decision was legally correct. Immigration officers are required to apply the law fairly, consider the evidence submitted with each application, and make decisions that are reasonable and supported by the facts. In some cases, a PGWP refusal may be challenged by filing an Application for Leave and Judicial Review in the Federal Court of Canada. Whether a Judicial Review is appropriate depends on the circumstances of each individual case. In this article, we explain what a Post-Graduation Work Permit is, why some Portage College graduates have received PGWP refusals, the legal issues that may arise in these cases—including issues relating to the Portage College–Campbell College partnership—and the options available to graduates who may wish to challenge an IRCC decision in the Federal Court of Canada. This article provides general information only and should not be relied upon as legal advice for any individual case. What Is a Post-Graduation Work Permit (PGWP)? A Post-Graduation Work Permit (PGWP) is an open work permit that allows eligible international graduates to work in Canada after successfully completing a qualifying program of study at an eligible Canadian post-secondary institution. Unlike an employer-specific work permit, a PGWP generally allows you to work for almost any employer in Canada. Depending on the length of your program and the applicable immigration rules, a PGWP may be issued for a period of up to three years. For many international students, obtaining a PGWP is one of the most important steps after graduation. It provides an opportunity to gain valuable Canadian work experience, earn an income, and build a future in Canada. Canadian work experience obtained while holding a PGWP may also help some graduates qualify for permanent residence through federal or provincial immigration programs. Because a PGWP can play such an important role in a graduate's future, a refusal can have significant consequences. It may affect your ability to work legally in Canada, maintain your immigration status, and continue your long-term immigration plans. For this reason, every PGWP application should be assessed fairly and individually. Immigration officers must consider the evidence submitted by each applicant, apply the applicable laws and policies correctly, and provide reasons that explain how they reached their decision. If you have received a PGWP refusal, it is important to understand why the application was refused and whether the decision was made in accordance with Canadian immigration law. Understanding the Portage College–Campbell College Partnership Many of the graduates who have contacted our office completed their studies through programs offered by Portage College that were delivered at Campbell College in Edmonton under an educational partnership. Portage College is a public post-secondary institution and a Designated Learning Institution (DLI) in Alberta. During a period of time, certain Portage College programs were delivered at the Campbell College campus under an agreement between the two institutions. Students enrolled in these programs, successfully completed all academic requirements, and graduated with credentials issued by Portage College. Like many other international students studying at eligible Canadian institutions, they expected to apply for a Post-Graduation Work Permit (PGWP) after completing their studies. In recent years, the Government of Canada introduced changes affecting PGWP eligibility, including changes relating to some public-private partnership arrangements. Following these changes, a number of graduates who completed Portage College programs delivered through Campbell College received PGWP refusals from Immigration, Refugees and Citizenship Canada (IRCC). These refusals have raised important legal questions for some graduates. In particular, some applicants have questioned whether IRCC correctly interpreted and applied the rules governing PGWP eligibility and whether the educational partnership between Portage College and Campbell College was properly considered when assessing their applications. Every case is different. Whether a particular refusal was legally correct depends on the individual facts, the evidence submitted with the application, the applicable legislation, regulations, Ministerial Instructions, and IRCC policies in effect at the time the application was decided. Understanding the nature of the Portage College–Campbell College partnership provides important context for understanding why some graduates have sought legal advice and, in some cases, commenced Applications for Leave and Judicial Review in the Federal Court of Canada. Why Have Some Portage College Graduates Received PGWP Refusals? One of the most common questions we hear from graduates is: "Why was my PGWP refused when I graduated from Portage College?" While every application must be assessed individually, many graduates who completed Portage College programs delivered through Campbell College have received refusal letters stating that they are not eligible for a Post-Graduation Work Permit (PGWP). In many cases, IRCC concluded that the applicant completed their studies at a private institution that was not eligible for a PGWP and refused the application on that basis. Many graduates were surprised by these decisions because they successfully completed their studies, met all academic requirements, and received a credential issued by Portage College, a public Designated Learning Institution (DLI). As a result, many students have questioned whether their applications were assessed in accordance with the applicable legislation, regulations, Ministerial Instructions, and IRCC policies governing PGWP eligibility. It is important to understand that receiving a refusal does not automatically mean the decision was legally correct or incorrect. Every case depends on its own facts and must be carefully reviewed. In some cases, however, applicants may have legitimate legal questions, including:
These are some of the issues that may be considered when determining whether there are grounds to commence an Application for Leave and Judicial Review in the Federal Court of Canada. What Legal Issues May Arise in a Judicial Review? Every Judicial Review is based on the facts of the individual case. Not every Post-Graduation Work Permit (PGWP) refusal will involve the same legal issues. However, in many of the Portage College cases our office is reviewing, one or more of the following legal issues may arise. Interpretation of the PGWP Eligibility Requirements One issue is whether the immigration officer correctly interpreted and applied the Immigration and Refugee Protection Act, the Immigration and Refugee Protection Regulations, the applicable Ministerial Instructions, and IRCC policies governing eligibility for a Post-Graduation Work Permit. Understanding the Portage College–Campbell College Educational Partnership One of the key issues in many of these cases is whether IRCC properly considered the educational partnership between Portage College, a public Designated Learning Institution (DLI), and Campbell College, where certain Portage College programs were delivered. Some applicants argue that the immigration officer incorrectly interpreted the legal effect of this partnership or failed to properly consider the applicable legislation, regulations, Ministerial Instructions, and IRCC policies governing PGWP eligibility for graduates of these programs. Assessment of the Applicant's Program of Study Another issue is whether the immigration officer properly assessed the applicant's completed program of study and correctly determined whether it satisfied the applicable eligibility requirements for a Post-Graduation Work Permit. Consideration of the Evidence Applicants often submit transcripts, graduation letters, completion letters, institutional correspondence, and other supporting documents in support of their PGWP applications. A Judicial Review may examine whether the immigration officer properly considered all of the relevant evidence before making the decision. Individual Assessment of the Application Canadian immigration law requires every application to be assessed on its own merits. If an immigration officer relied upon a predetermined interpretation, policy, guideline, or administrative practice without properly considering the applicant's individual circumstances, this may raise a legal issue for review by the Federal Court. Adequacy of the Reasons Applicants are entitled to understand why their application was refused. The reasons should explain how the immigration officer reached the decision and why the applicant was found not to meet the eligibility requirements. If the reasons are inadequate or fail to address important evidence, the Federal Court may consider whether the decision was legally reasonable. Reasonableness of the Decision Ultimately, the Federal Court considers whether the decision is reasonable, transparent, intelligible, and justified in light of the applicable law and the evidence before the immigration officer. If the Court concludes that the refusal contains reviewable legal errors, it may set aside the decision and return the application to IRCC for reconsideration by a different immigration officer. Whether any of these legal issues apply depends on the facts of each individual case. A careful review of the refusal letter, the immigration officer's reasons, and the application record is necessary before determining whether a Judicial Review should be commenced. Can I Challenge My PGWP Refusal? In many cases, yes. If you believe your Post-Graduation Work Permit (PGWP) application was refused because of a legal or factual error, you may have the right to ask the Federal Court of Canada to review the decision. This process is known as an Application for Leave and Judicial Review. A Judicial Review is different from filing a new PGWP application. It is also different from an appeal. Instead, the Federal Court reviews the decision made by Immigration, Refugees and Citizenship Canada (IRCC) to determine whether the immigration officer made the decision in accordance with Canadian law. The Court does not decide whether an applicant should receive a Post-Graduation Work Permit. Instead, the Court considers whether the immigration officer correctly applied the law, properly considered the evidence, and reached a decision that was reasonable, transparent, and justified. If the Court finds that the decision was legally unreasonable or otherwise contains a reviewable error, it may set aside the refusal and return the application to IRCC for reconsideration by a different immigration officer. It is important to understand that a successful Judicial Review does not automatically result in the issuance of a Post-Graduation Work Permit. Rather, it gives the applicant the opportunity to have the application reconsidered in accordance with the law and the Court's decision. Whether a Judicial Review is appropriate depends on the specific facts of each case. An experienced immigration lawyer can review the refusal letter, the immigration officer's reasons, and the application record to determine whether there are legal grounds to challenge the decision. Why Is It Important to Act Quickly? If you are considering challenging your PGWP refusal, it is important to seek legal advice as soon as possible. Applications for Leave and Judicial Review are subject to strict deadlines under the Federal Courts Act and the Federal Courts Immigration and Refugee Protection Rules. Generally: If you received your PGWP refusal while you were in Canada, you usually have only 15 days from the date you received the decision to file your Application for Leave and Judicial Review. Missing these deadlines may result in losing your right to ask the Federal Court to review your case. For this reason, it is important to consult an immigration lawyer as soon as possible after receiving a refusal. The earlier legal advice is obtained, the more time there is to properly assess the case, prepare the necessary court documents, and protect your legal rights. What Happens After a Judicial Review Is Filed? Many applicants ask what happens after an Application for Leave and Judicial Review is filed in the Federal Court of Canada. Although every case is different, the process generally follows these steps: Step 1 – Filing the Application The process begins by filing an Application for Leave and Judicial Review in the Federal Court within the applicable deadline. Step 2 – IRCC Provides the Officer's Reasons If the reasons for the decision were not provided with the refusal letter, IRCC is generally required to provide the immigration officer's reasons after the Application has been filed. These reasons explain why the officer refused the PGWP application. Step 3 – The Applicant Files Written Legal Arguments After receiving the officer's reasons, the applicant files written legal arguments, known as the Applicant's Record. This document explains why the applicant believes the refusal was not made in accordance with Canadian law. Step 4 – IRCC Responds The Department of Justice, acting on behalf of IRCC, has an opportunity to file written submissions explaining why it believes the decision should be upheld. Step 5 – The Federal Court Decides Whether to Grant Leave Before a Judicial Review hearing can proceed, the Federal Court must first grant "leave." Leave is permission from the Court to continue with the Judicial Review. The Court reviews the written materials filed by both parties to determine whether the application raises an arguable case that should proceed to a hearing. If leave is not granted, the matter ends and the refusal remains in effect. If leave is granted, the case proceeds to a Judicial Review hearing before a Federal Court Judge. Step 6 – The Judicial Review Hearing At the hearing, lawyers for both parties present legal arguments before the Court. Witnesses are generally not called, and no new evidence is normally introduced. Instead, the Court reviews the evidence that was before the immigration officer when the original decision was made. Step 7 – The Court's Decision If the Federal Court concludes that the refusal was reasonable and made in accordance with the law, the application will be dismissed. However, if the Court finds that the decision contains a reviewable legal error, it may allow the Judicial Review, set aside the refusal, and return the application to IRCC for reconsideration by a different immigration officer. It is important to remember that even if a Judicial Review is successful, the Court does not issue a Post-Graduation Work Permit. The Court orders IRCC to reconsider the application in accordance with the law and the Court's decision. Why Have So Many Portage College Graduates Contacted Our Office? Since the recent wave of Post-Graduation Work Permit (PGWP) refusals affecting some Portage College graduates, our office has been contacted by numerous students seeking legal advice regarding their options. After reviewing many of these refusals, we have observed that a number of the decisions raise similar legal issues relating to the interpretation and application of the PGWP eligibility requirements, the assessment of programs delivered through the Portage College–Campbell College partnership, the consideration of the evidence submitted by applicants, and the adequacy of the reasons provided by IRCC. Because many of these applications raise similar legal issues, our office has developed substantial experience reviewing the factual and legal issues arising from these refusals. Our office has been retained by numerous Portage College graduates and has commenced Applications for Leave and Judicial Review in the Federal Court of Canada on behalf of many affected graduates. Our goal is to ensure that every client receives a thorough legal assessment and effective representation based on the particular circumstances of their case. How Ranbir S. Thind Law Office Can Help Ranbir S. Thind has practised Immigration Law since 2004 and has extensive experience representing applicants in Applications for Leave and Judicial Review before the Federal Court of Canada. At Ranbir S. Thind Law Office, we understand the Federal Court process and the importance of meeting strict filing deadlines in immigration matters. If your Post-Graduation Work Permit (PGWP) application has been refused, our office can review your case and advise whether there are legal grounds to challenge the decision. Our services may include:
We understand that a PGWP refusal can have significant consequences for your employment opportunities and future immigration plans. Our objective is to provide practical legal advice, careful case preparation, and effective representation throughout the Federal Court process. If you would like to discuss your PGWP refusal or whether Judicial Review may be available, please contact: Ranbir S. Thind Law Office Unit 64, 9703 – 41 Avenue NW Edmonton, Alberta Phone: 780-432-7000 WhatsApp: 780-966-0010 Email: [email protected] Website: www.ranbirthind.com Our Commitment to Affected Students We recognize that many Portage College graduates affected by these PGWP refusals are facing significant financial uncertainty. Many have recently completed their studies, are unable to work because of their immigration status, and are concerned about their future in Canada. To help students during this difficult time, Ranbir S. Thind Law Office has substantially reduced its standard legal fees for eligible Applications for Leave and Judicial Review involving these Portage College PGWP refusals. Our goal is to make experienced legal representation more affordable for affected students while continuing to provide thorough preparation, practical advice, and effective representation throughout the Federal Court process. Frequently Asked Questions (FAQ) 1. Can I challenge my PGWP refusal? Yes. If you believe your application was refused because of a legal or factual error, you may be able to file an Application for Leave and Judicial Review in the Federal Court of Canada. 2. Is a Judicial Review the same as an appeal? No. A Judicial Review is not an appeal. The Federal Court reviews whether the immigration officer's decision was lawful, reasonable, and made in accordance with the applicable legal principles. 3. Will the Federal Court issue my PGWP if I win? No. If the Court finds that IRCC made a reviewable legal error, it will usually set aside the refusal and return the application to IRCC for reconsideration by a different immigration officer. 4. How long do I have to file a Judicial Review? In most cases, applicants who receive their refusal while in Canada have 15 days to commence an Application for Leave and Judicial Review. Applicants outside Canada generally have 60 days. These deadlines are strict. 5. What happens after my application is filed? The Federal Court process generally includes filing the application, receiving the immigration officer's reasons if they were not previously provided, filing written legal arguments, responding to the Department of Justice's submissions, and waiting for the Court to decide whether leave should be granted. If leave is granted, a Judicial Review hearing will be scheduled. 6. Does every Portage College graduate have grounds for Judicial Review? No. Every case must be assessed individually. Whether there are grounds for Judicial Review depends on the specific facts of the case, the evidence submitted, and the immigration officer's reasons for refusing the application. 7. Should I submit a new PGWP application instead? The appropriate course of action depends on the circumstances of your case. In some situations, submitting a new application may be appropriate. In others, a Judicial Review may be the better option. Legal advice should be obtained before making that decision. 8. Can I remain in Canada while my Judicial Review is pending? Whether you may remain in Canada or continue working depends on your individual immigration status and the specific circumstances of your case. A Judicial Review does not automatically extend your temporary resident status or authorize you to work. 9. Do I need a lawyer to file a Judicial Review? Applicants may represent themselves before the Federal Court. However, Judicial Reviews involve legal principles, court procedures, and strict filing requirements. Many applicants choose to retain an experienced immigration lawyer to assist with the process. 10. How long does a Judicial Review usually take? Every case is different. The time required depends on factors such as the Court's schedule, whether leave is granted, and the complexity of the issues. Your lawyer can provide a more specific estimate based on the circumstances of your case. 11. How can Ranbir S. Thind Law Office help? Our office has been assisting clients with Canadian immigration matters since 2004. We review each case individually, assess whether there are legal grounds for Judicial Review, and, where appropriate, represent clients throughout the Federal Court process. Disclaimer: This article is provided for general informational purposes only and does not constitute legal advice. Every immigration matter is unique, and the information contained in this article may not apply to your particular circumstances. Reading this article or contacting Ranbir S. Thind Law Office does not create a lawyer-client relationship. You should obtain legal advice specific to your individual situation before making any decisions regarding your immigration matter. Comments are closed.
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