Court rules in favour of Chinese student fighting to study at northern Ont. college
A student from China denied a study permit by immigration officials has won an appeal, but still has a ways to go before he can study at Canadore College in North Bay, Ont.
Pengyue Zhang applied in October 2021 for a study permit so he could enter Candadore’s construction project management program.
But the application was denied on the basis that immigration officials were “not satisfied that the applicant would leave Canada at the end of his stay.”
“The study plan does not appear reasonable given the applicant’s employment and education history,” said the note refusing the application.
“The client has previous studies at a higher academic level than the proposed studies in Canada. Given the applicant’s previous education/employment history, I am not satisfied the motivation to pursue this particular program, at this point in time in Canada, is reasonable.”
Pengyue appealed the decision to a federal court, arguing the decision wasn’t reasonable.
The appeals court ruled in his favour, saying he had explained his reasons for coming to Canada and those reasons made sense.
“As to the applicant’s study plan, as the applicant points out, it clearly explains that the applicant had wanted to become a construction engineer but, due to his college entrance examination score, was not accepted in the construction engineering program,” the appeal transcript said.
Over the objections of his family, he worked in the construction industry anyway, beginning in 2010. By 2017, he had become a construction project manager.
But the company he worked for switched focus to commercial construction, something he wasn’t trained for.
“The applicant stated that because he did not have academic training with respect to these matters, he struggled through his first commercial project,” the transcript said.
“He realized that he had to return to school to enhance his skills and knowledge of construction project management.”
He chose Canadore because the program is shorter than the equivalent program in China.
“The applicant’s employer encouraged him to proceed and offered to keep his position during his studies,” the transcript said.
“The applicant also stated that the construction project management program offered by Canadore College was a perfect fit for him, as it is a short but intense program covering broad topics and teaching in-depth use of project management tools throughout the project life cycle.”
Regarding comments that immigration wasn’t confident he would leave Canada at the end of his studies, the court ruled there was strong evidence that wasn’t true.
“The applicant noted that he has a secure job to return to, strong family and community ties in China as his wife and daughter would not be accompanying him to Canada, and substantial financial support in place, all of which he detailed,” the transcript said.
The evidence, the court ruled, made the decision to deny him a study permit “unintelligible in the absence of any further reasons.”
Immigration officials also seemed suspicious about the way he settled on Canadore as the place to study.
“The applicant failed to explain how he came to distinguish Canada ‘from the 100 other countries with colleges’ that ‘the single, 9,000 km leap from China to North Bay is palpable,’” the transcript said.
NEEDLE IN A HAYSTACK
“The applicant failed to explain how he ‘was able to distinguish Canadore from the 10s, 100s or 1,000s of overseas colleges and their respective programs’ and that his plan was vague about ‘how he found this needle in a haystack, let alone why it was better than other colleges around the world.’”
However, the court ruled that none of these arguments were raised in the original decision. And even if they were, they don’t justify refusing the study permit.
“I am (not) persuaded that an applicant is required to explain why he chose this college over others,” the transcript said.
“He did explain why Canadore was a good fit for him and it is not apparent to me in these circumstances why this choice – over any others – is material to whether the applicant would leave Canada once his requested study period expired.”
While ruling in his favour, the court said it was not in a position to impose its own ruling, and instead referred the case back to immigration officials for a new decision.
But it said the case should be handled by another immigration officer.
Read the full decision here.
CTVNews.ca Top Stories
Widow looking for answers after Quebec man dies in Texas Ironman competition
The widow of a Quebec man who died competing in an Ironman competition is looking for answers.
Tom Mulcair: Park littered with trash after 'pilot project' is perfect symbol of Trudeau governance
Former NDP leader Tom Mulcair says that what's happening now in a trash-littered federal park in Quebec is a perfect metaphor for how the Trudeau government runs things.
World seeing near breakdown of international law amid wars in Gaza and Ukraine, Amnesty says
The world is seeing a near breakdown of international law amid flagrant rule-breaking in Gaza and Ukraine, multiplying armed conflicts, the rise of authoritarianism and huge rights violations in Sudan, Ethiopia and Myanmar, Amnesty International warned Wednesday as it published its annual report.
Photographer alleges he was forced to watch Megan Thee Stallion have sex and was unfairly fired
A photographer who worked for Megan Thee Stallion said in a lawsuit filed Tuesday that he was forced to watch her have sex, was unfairly fired soon after and was abused as her employee.
Amid concerns over 'collateral damage' Trudeau, Freeland defend capital gains tax change
Facing pushback from physicians and businesspeople over the coming increase to the capital gains inclusion rate, Prime Minister Justin Trudeau and his deputy Chrystia Freeland are standing by their plan to target Canada's highest earners.
U.S. Senate passes bill forcing TikTok's parent company to sell or face ban, sends to Biden for signature
The Senate passed legislation Tuesday that would force TikTok's China-based parent company to sell the social media platform under the threat of a ban, a contentious move by U.S. lawmakers that's expected to face legal challenges.
Wildfire southwest of Peace River spurs evacuation order
People living near a wildfire burning about 15 kilometres southwest of Peace River are being told to evacuate their homes.
U.S. Senate overwhelmingly passes aid for Ukraine, Israel and Taiwan with big bipartisan vote
The U.S. Senate has passed US$95 billion in war aid to Ukraine, Israel and Taiwan, sending the legislation to President Joe Biden after months of delays and contentious debate over how involved the United States should be in foreign wars.
'My stomach dropped': Winnipeg man speaks out after being criminally harassed following single online date
A Winnipeg man said a single date gone wrong led to years of criminal harassment, false arrests, stress and depression.