When this question was posed to Lyon Stern managing partner and immigration expert, Michael Sigurdson, indicated that past academic performance will surely be considered when gauging the likelihood of success in future studies but also noted (in typical lawyerly fashion), that it’s not as simple as one might think.

Canadian courts will generally show deference to the decision maker and have found it reasonable for immigration officers to consider past academic performance as an important factor in considering the likelihood of future academic performance.

Some leading Canadian court cases that have upheld study permit refusals based on poor grades or academic performance include:

Li v. Canada (Minister of Citizenship and Immigration), 2005 FCA 1: The court upheld the refusal of a study permit where the applicant had poor grades and a questionable graduation, noting that “past academic performance is reasonably reflective of a prospective student’s likelihood of success in pursuing further studies.”

Wang v. Canada (Minister of Citizenship and Immigration), 2015 FC 797: The court dismissed a judicial review where the applicant had failed or withdrawn from many courses in a previous program of study. It agreed that this poor academic record supported a finding that the applicant was unlikely to succeed in his proposed course of studies.

Niu v. Canada (Minister of Citizenship and Immigration), 2015 FC 531: The court upheld a study permit refusal where the applicant had generally poor and declining grades in his current program of study, even though he met the minimum admissions requirements for his proposed program. The officer reasonably concluded his poor grades indicated he was unlikely to succeed.

Zhang v. Canada (Minister of Citizenship and Immigration), 2016 FC 371: The court dismissed an application for judicial review where the applicant had poor grades and a spotty scholarship record in his current program, despite a scholarship offer for his proposed program. The officer justifiably found this cast doubt on his ability to succeed based on his poor past academic record.

Liu v. Canada (Minister of Citizenship and Immigration), 2020 FC 590: The court upheld a study permit refusal due to the applicant’s declining grades and comments from a college instructor that his writing and comprehension skills were “very limited”. The officer reasonably concluded that the applicant’s poor skills and grades showed he was unlikely to succeed in a graduate-level program in Canada.

Canadian courts have generally upheld the refusal of study permits where the applicant has a poor record of grades, widespread course failures, lack of improvement over time, or concerns expressed by instructors about their abilities or skills. Past academic performance will surely reflect on the likelihood of success in future studies.

However, Mr. Sigurdson also notes that while unsatisfactory past performance may be a significant barrier to obtaining a study permit, in certain circumstances it is an obstacle that can be overcome. While past academic performance is a valid consideration, Canada’s Federal Court has held that officers must not rely entirely on previous grades or failures, but also consider applicants’ potential for success in new programs. For example:

Patel v. Canada (Citizenship and Immigration), 2009 FC 334:
The applicant had failed multiple college programs but was accepted into a 3-year nursing diploma program. The court found the officer put too much weight on his past academic failures and did not consider his potential for success in the nursing program.

Wong v. Canada (Citizenship and Immigration), 2016 FC 559:
The applicant had failed courses in his first attempt at a business diploma program. He reapplied for the same program and the court ruled the second chance should be given more weight than the initial failures.

Hu v. Canada (Citizenship and Immigration), 2018 FC 532:
The applicant had initially failed out of a master’s program but later completed a post-graduate certificate at another school. The court said failing the master’s program should not preclude him from getting a study permit for a diploma program.

Zhou v. Canada (Citizenship and Immigration), 2021 FC 1025:
The applicant had failed courses in a previous master’s program but was accepted into a new program in a somewhat related field. The court found the officer was unreasonable in fixating on past failures.

In conclusion, it’s essential to understand that the outcome of each case depends on its specific circumstances. As such, it is very important to seek professional legal advice before proceeding with one’s application or immediately upon refusal based on previous academic results.

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