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Post-Graduate Work Permit Program’s eligibility standards on humanitarian and compassionate grounds

The immigration court has ruled that visa officers do not have the discretion to alter the eligibility criteria of the Post-Graduate Work Permit Program (PGWP) on humanitarian or compassionate grounds. On June 14, 2022, reviewing the application of an applicant failing to fulfill the requirements of the PGWP, the Federal Court of Canada decided that even with the new evidence, the applicant would still have failed to satisfy the necessary criteria. There is no law for the PGWP that confers discretion on an officer to alter or waive the eligibility requirements on humanitarian and compassionate grounds. Visa officials are not permitted to overlook any of the prerequisites for the approval of a PGWP.

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