Thompson Rivers University

(GLYNN BROTHEN / iNFOnews.ca)

An Indian citizen who was refused a study permit to attend Thompson Rivers University has won a legal victory which may allow her to study in Canada.

According to a Dec. 14 Federal Court of Canada decision, Simran Sahi had a study permit declined by an immigration officer after she applied to do a post-baccalaureate diploma in finance at Thompson Rivers University.

The immigration officer declined her visa saying her level of education and work experience meant she wouldn't benefit from the diploma.

The decision said Sahi already has an undergraduate degree and a master's degree along with work experience in her chosen field of economics.

"It is not evident why (Shai) would study this program at such great expense considering (she) already possesses a higher level of qualification. I am not satisfied that this is a reasonable progression of studies, which raises concerns regarding (her) intended purpose in Canada," the immigration officer said in the decision.

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The immigration officer had rejected her visa application saying it was "not reasonable" given Sahi's academic and employment history, and they weren't satisfied she was a genuine student who would leave Canada at the end of her studies.

However, Sahi appealed Immigration, Refugees and Citizenship Canada's finding.

Sahi argued that the immigration officer had failed to take into account that the TRU diploma would have "clear potential employment benefits" and an "opportunity to improve English language skills."

The 34-year-old Indian national also said she had done her master's degree through distance studies and wanted an in-the-classroom experience.

Federal Court Judge Shirzad Ahmed agreed.

"I agree with (Sahi's) contention that the (immigration) officer’s reasons appear boilerplate in nature. I further agree that an applicant’s completion of previous degrees at a higher level is not a sufficient basis to find that the pursued program of study is not reasonable," the judge said.

"There is nothing unreasonable about (Sahi) choosing to pursue this program of study. Her evidence cogently explained that she only had the option to complete her master’s degree through distance studies, and would like to experience further education in her field in person, while gaining other skills garnered through international study. On its face, the evidence shows an undoubtable connection between her experience and study in finance and her pursuit of further studies in the field."

Ultimately, the judge overturned the immigration officer's decision saying it was "unreasonable" and sent the case back to be reassessed by a different immigration officer.

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