When an international student applies for a study permit in Canada, the student should provide proof of funds.
What does proof of funds mean?
That the students have enough funds to support themselves during their stay in Canada. Sufficient funds to pay for their tuition, books, and living expenses.
In Etwaroo v. Canada 2021 FC 1160, the Applicant applied for a study permit in Canada. This application was refused by Immigration Refugees, and Citizenship Canada (IRCC ) on the grounds that the officer was not satisfied that the Applicant would leave Canada at the end of his stay, pursuant to subsection 216(1) of the IRPR.
The Officer acknowledged that the Applicant included financial documentation of the funds made available to him by his uncle. The Officer found the funds from the uncle to be sufficient, yet determined that these were third-party funds that can be withdrawn at any given time and therefore gave them less weight:
The Court found that the Officer’s finding that the Applicant had insufficient funds to support the Applicant’s studies is not justified in light of the uncle’s signed declaration and evidence indicating his financial stability and willingness to support the Applicant, including his commitment to offer the Applicant employment once the Applicant completes his studies
The Court also found that the Officer’s reasoning that the Applicant’s uncle’s funds could be withdrawn at any time is speculative and that the Officer arrived at this conclusion without providing a rationale. This is a ground for setting aside the decision (Huot v Canada (Citizenship and Immigration) 2011 FC 180, at para 26).
The Court found that the officer’s decision was unreasonable.
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