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Two inconsistent Federal Court jurisprudence on the financial requirement misleads Canadian study permit applicants

There is two conflicting Federal Court jurisprudence on the financial requirement for study permits outlined in section 220 Immigration and Refugee Protection Regulations (IRPR). In Ocran v. Canada, Justice Andrew Little stated that applicants for a Canadian study permit have to show available funds to cover the entire duration of their program of study, while the Immigration, Refugees and Citizenship Canada’s (IRCC) Operational Instructions and Guidelines on study permits require the applicants to provide “financial sufficiency for only the first year of studies, regardless of the duration of the course or program of studies in which they are enrolled”. The inconsistency in section 220 IRPR can disadvantage prospective international students from the Global South who are being adversely impacted by an immigration system that has been characterized by bias, discrimination, and racism.

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