A student applied to restore their status and obtain a new study permit after losing status in Canada. The application was refused. IRCC concluded that a gap in the student’s studies meant they had not complied with their study permit conditions and were not eligible for restoration.
The refusal revisited a study gap IRCC had already accepted
The student had previously explained why they did not study during two terms in 2020. IRCC accepted that explanation in an earlier application and issued another study permit. When the restoration application was later assessed, the officer relied on the same study gap but did not explain why the earlier evidence and approval were no longer sufficient.
The refusal left the student without temporary resident status and facing the possibility of having to leave Canada.
The lawyer brought the refusal before the Federal Court
The student retained an immigration lawyer to seek judicial review. In 2026 FC 449, the Federal Court found that the refusal did not engage with the student’s central submission: IRCC had already considered the same study gap, accepted the explanation, and granted a study permit.
The Court held that the decision lacked justification, transparency, and intelligibility. Judicial review was granted, the refusal was set aside, and the application was returned to a different officer for reconsideration.
Federal Court decision
Read the full judgment: 2026 FC 449
The judgment explains why the refusal was unreasonable and why the matter had to be reconsidered by a different officer.
Open the full Federal Court decisionIRCC reopened the application and approved the study permit
After the Court’s judgment, IRCC reopened the application. Verge continued supporting the student through the reopened process. IRCC then issued a new study permit valid through July 2027.
This result came after a long and difficult process: a refused restoration application, a successful judicial review handled by the student’s lawyer, reconsideration by IRCC, and finally a new study permit.
If your restoration or study permit application has been refused, the next step depends on the decision, the evidence already before IRCC, your current status, and the options still available in your circumstances.
Book a Consultation to have your refusal and immigration history reviewed carefully.