❇ Let's review a recent case law involving a graduate, referred to as A.M.A, who faced refusal of his post-graduate work permit (PGWP) application due to part-time enrollment during his final academic session. Despite meeting other eligibility criteria, the visa officer's decision was overturned on judicial review.
✅ The court agreed with A.M.A, ruling that the visa officer's decision was unreasonable because they failed to consider the "final academic session" exception outlined in the program requirements.
✅ The court overturned the refusal and remitted the application for redetermination. While no costs were awarded, the case underscores the importance of understanding visa program requirements, clear communication in application processing, adherence to legal standards in decision-making, timely resolution of applications, and strategic decision-making throughout the legal process.
✳ Lessons Learned:
☑ Applicants must thoroughly understand visa program requirements and provide clear documentation to support their applications.
✅Visa officers must diligently assess applications, considering all relevant factors and exceptions.
☑ Timely processing of visa applications is crucial to prevent undue hardship on applicants.
☑ Strategic decision-making is essential, considering potential costs and benefits throughout the legal process.
⭕ If you need any assistance on your visa applications, feel free to contact us.