Federal Court rules that tuition does not need to be paid for study permit applications

19 Feb 2023

联邦法院规定申请学习许可无需支付学费 Tehrani v Canada 案对国际学生具有积极意义。 Federal Court rules that tuition does not need to be paid for study permit applications The case of Tehrani v Canada has positive implications for international students.

联邦法院裁定，在 Tehrani 诉加拿大（公民身份和移民）一案中，学生无需为申请学习许可支付全部或部分学费。 The Federal Court has ruled that students do not need to pay all or part of their tuition fees for a study permit application in the case of Tehrani v Canada (Citizenship and Immigration).

发现您在加拿大学习的选择 Discover your options to study in Canada

Tehrani 是伊朗公民，在被多伦多大学的项目管理课程录取后申请了学习许可。 Tehrani, a citizen of Iran, applied for a study permit after being accepted to a Project Management program at a Toronto college.

Tehrani 的学习许可申请被拒绝，因为移民官不满意他会在授权逗留结束后离开加拿大。该决定是基于 Tehrani 的婚姻状况、在加拿大的家庭关系，以及他只支付了部分学费来保住他在该项目中的位置这一事实。 Tehrani’s study permit application was refused because the immigration officer was not satisfied that he would leave Canada at the end of his authorized stay. The decision was based on Tehrani’s marital status, family ties in Canada, and the fact that he only paid part of his tuition to hold his place in the program.

关于学费支付问题，法院解释说，根据移民和难民保护条例 (IRPR)，申请人只需要证明他们已被录取。申请人无需证明已支付任何或所有学费。相反，IRPR 只要求个人证明他们有经济能力支付学费和其他费用。 On the issue of tuition payment, the court explained that, according to Immigration and Refugee Protection Regulations (IRPR), an applicant only needs to establish that they have been accepted into a program of study. The applicant does not need to prove that any or all tuition has been paid. Rather, IRPR only requires the individual to prove that they have the financial ability to pay for tuition and other expenses.

该官员错误地以 Tehrani 没有支付全额学费为由拒绝了他的学习许可申请。此外，该官员从未发现 Tehrani 没有经济能力在加拿大继续他的学业。 The officer erred by using the fact that Tehrani did not pay his full tuition as cause for refusing his study permit application. Further, the officer never found that Tehrani did not have the financial capacity to pursue his studies in Canada.

总体而言，法院认为学费的支付与德黑拉尼是否会在其授权逗留期结束后离开加拿大无关。法院的结论是，该官员拒绝 Tehrani 的学习许可的决定是不合理的，因为它缺乏正当理由，也没有与 Tehrani 提供的证据进行接触。 Overall, the court deemed that the payment of tuition was unrelated to whether Tehrani would leave Canada at the end of his authorized stay. The court concluded by finding that the officer’s decision to refuse Tehrani’s study permit was unreasonable, as it lacked justification and failed to engage with the evidence Tehrani provided.

对学生许可申请人的影响 Implications for student permit applicants

Tehrani 案例强调了教育负担能力以及为希望在加拿大学习的国际学生提供住宿的重要性。 The Tehrani case emphasizes educational affordability and the importance of providing accommodations for international students looking to study in Canada.

该裁决为那些在提交学习许可申请时可能无法支付全部或部分学费的希望在加拿大学习的外国人消除了准入障碍。只要申请人能够证明他们有必要的财务资源来支付学费和其他需要的费用，他们就会被邀请申请学习许可，并且不会在申请提交阶段因未支付学费而受到处罚。 The ruling removes a barrier to access for foreign nationals looking to study in Canada that may not be able to pay all or part of their tuition at the time they submit their study permit application. As long as an applicant is able to demonstrate that they have the requisite financial resources to pay for tuition and other expenses when required, they are invited to apply for a study permit and will not be penalized for unpaid tuition during the application submission stage.

加拿大因其高质量的教育和负担能力而成为国际学生的热门目的地，尤其是与其他受欢迎的国际学生目的地相比。此外，加拿大在毕业后提供无障碍工作和移民机会。 Canada is a popular destination for international students due to the country’s high quality of education and its affordability, especially compared with other popular international student destinations. In addition, Canada provides accessible work and immigration opportunities post-graduation.

近年来，加拿大移民难民和公民部（IRCC）签发的学习许可数量大幅增加。 2022 年，加拿大迎来了来自 184 个国家的创纪录的 551,405 名国际学生。截至2022年底，在加拿大持有有效学习许可的国际学生共有807,750人。 The amount of study permit issued by Immigration Refugees and Citizenship Canada (IRCC) has increased a great deal in recent years. In 2022, Canada welcomed a record breaking 551,405 international students from 184 countries. As of the end of 2022, there were 807,750 international students holding valid study permits in Canada.

如何申请学习许可 How to apply for a study permit

收到指定学习机构 (DLI) 的录取通知书后，您应立即申请学习许可。 Once you receive a letter of acceptance from a Designated Learning Institution (DLI), you should immediately apply for a study permit.

为了在收到录取通知书后有资格获得学习许可，国际学生必须： In order to be eligible for a study permit after receiving a letter of acceptance, an international student must:

• 证明他或她有足够的经济支持来支付第一年的学费，以及生活费和回国的交通费 Prove that he or she has sufficient financial support to cover the first year of tuition, as well as living expenses and return transportation to his or her home country
• 如果他或她希望在魁北克学习，请获得 Certificat d’acceptation du Quebec（魁北克接受证书，或 CAQ） Obtain a Certificat d’acceptation du Quebec (Quebec Acceptance Certificate, or CAQ) if he or she wishes to study in Quebec
• 有一个干净的记录。有犯罪背景的申请人可能会被拒绝。 IRCC 可能会要求申请人提供无犯罪记录证明 Have a clean record. Applicants with a criminal background may be refused. IRCC may request an applicant to supply a police clearance certificate *身体健康。 IRCC 可能会要求申请人完成体检；和， Be in good health. IRCC may request an applicant to complete a medical examination; and,
• 让移民官确信他或她将在学习许可授权的逗留期结束后离开加拿大。 Satisfy the immigration officer that he or she will leave Canada at the end of the stay authorized by the study permit.

如何准备一份强有力的学习许可申请 How to prepare a strong study permit application

如果移民官员认为申请人不能满足他们作为学生的逗留条件，他们可以酌情决定接受或拒绝学习许可申请。 Immigration officers have discretion to accept or refuse study permit applications if they do not believe the applicant will satisfy the terms of their stay as a student.

您应该确保官员确信您访问的实际目的是学习。 2019 年至 2021 年间，77% 的学习许可拒签是由于 IRCC 不满意申请人的访问目的是学习。此外，重要的是要明确表示您将在授权逗留结束后离开，这是拒绝学习许可申请的另一个常见原因。 You should ensure that officers are convinced that the actual purpose of your visit is to study. Between 2019 and 2021, 77% of study permit refusals were due to IRCC not being satisfied that the purpose of the applicant’s visit was to study. Further, it is important to make clear that you will leave at the end your authorized stay, another common reason for refusing study permit applications.

一些增加批准机会的建议是： Some recommendations to increase the chances of approval are:

• 提供从以前的教育到加拿大教育的清晰、合乎逻辑的学习进展； Providing a clear, logical progression in studies from previous education to Canadian education;
• 通过适当的文件出示财务证明； Show proof of finances through proper documentation;
• 解释你学习中的差距； Explain gaps in your studies;
• 表明你打算在完成学业后离开加拿大； Make evident your intention to leave Canada after you have completed your studies;
• 包括任何其他可以说服审查申请人的官员您的资格的文件。 Include any other documentation that would convince the officer reviewing the applicant of your eligibility.

发现您在加拿大学习的选择 Discover your options to study in Canada

FCGvisa translated, © CIC News All Rights Reserved.