Date: July 14December 22, 2021

Re: Study Permit Application

Applicant Name: Kooner, Navjot Singh
Passport No: T4933234
UCI: 1118035093

Dear Sir or Madam,

I am the retained representative for the above-mentioned applicant (hereinafter

‘Navjot Singh Kooner’) for this Study Permit Application.

I thank you in advance for providing an individualized assessment for this application.

Completed and signed IMM5476XXXX by the Applicant, authorizing me as his

representative is duly appended on the Authorized Representative Portal (ARP) for
your reference.

Navjot Singh Kooner, an Indian citizen, is a thorough professional who has charted
his future course in the field of tourism and travel through his sheer focused approach
and awareness of the opportunities awaiting him in his home country, India. After his
senior secondary education, the Applicant decided to pursue his preferred course,
Diploma in Travel and Tourism after much research and thought. Thus,, he has opted
to pursue the Diploma Program in Tourism – Travel with Co-op at St. Clair College,
Ontario,, Canada. The applicant has submitted a detailed Study Plan and a Statutory
Declaration along with this application, which specifies his reasons for undertaking
this particular program, and clearly explains the purpose of requesting entry into
Canada.

Navjot Singh Kooner had previously applied to study the same program from St. Clair
College, Canada but was unfortunately refused on 19 th June 2021 citing reasons of
purpose of visit and previous education and employment history.

The refusal of his previous application came as a shock to my client and hence, he
applied for GCMS Information to better understand the grounds of his refusal. The
detailed reasons given therein were as follows:
 “I have reviewed all the documentation provided for this application. Summary
of key findings below:
 Previous schooling and/or employment inconsistent with current
educational goals; See Client history and LOA
 The applicant has failed to satisfy me that pursuing the selected
program of study is reasonable given the high cost of international
study in Canada when weighed against the potential
career/employment benefits after completion, and the local options
available for similar studies. See LOA.
Therefore, I am not satisfied that the applicant would be bona fide student in
Canada who will leave Canada by the end of the period authorized for their
stay.

Application refused.”

The reasons cited by the previous visa assessing officer in his letter dated 19 th June
2021, are as follows:

“I am refusing your application on the following grounds:

• I am not satisfied that you will leave Canada at the end of your stay, as
stipulated in subsection 216(1) of the IRPR, based on the purpose of your
visit.

The Applicant was shocked left heartbroken to receive his refusal as he is in

fact a bona fide student, whose clear intention is to pursue quality education in
Canada. He hads categorically outlined his reasons for pursuing this program
from St. Clair College along with his intention to come back to his home
country after its completion owing to the robust employment opportunities in
the Indian tTravel and tTourism sector, his strong family ties and
responsibilities back home. Even with this application, he has outlined his
research and reasons for opting for the intended program in his updated Study
Plan. I sincerely request you to consider this re-application as it is clearly
hereby declared that the intention of the applicant is to study in Canada and is
hence requesting a temporary stay in Canada. For this, I request you to go
through this submission letter, the statutory declaration, study plan and the
supporting documents in their entirety and consider them in your decision.

Through this letterHereon, I would like to address the concerns of the previous
assessing officer and I hereby submit that Navjot Singh is a bona fide student who
intends to study at St. Clair College, Canada to pursue the Diploma program with
Co-op and his application has been accepted for the January/MaySeptember 2022
intake.

Having completed his senior secondary school education in 2019 and then pursuing
a Certificate program in Welder trade in 2020, the Applicant is particularly now
inclined towards the intended program and understands that specialized education
from a reputed institution such as St. Clair College will improve his prospects at
getting employed at the top tTravel and tTourism fFirms and the fast-growing
corporate sector of India. The Applicant meets the academic requirements of the
College, and feels fortunate to have obtained admission in this prestigious College.
Although he is currently residing in his hometown, he aspires to make it big and avail
the employment opportunities, both locally and in various Indian Metropolitan cities
which are the hub of travel, both domestic and overseasinternational. He understands
that the top travel companies in India value employees with global knowledge of
travel and tourism and, thus, pursuing this specific program would enable him to gain
an upper hand as compared to his professional competitors in his home country,
India and broaden his horizon in terms of the knowledge and exposure acquired by
studying in an overseas country amongst peers from multi-cultural backgrounds.

I humbly submit that the Applicant’s insistence of pursuing the intended program also
stems from some nagging drawbacks of similar programs in India. Most of the travel
and tourism curricula needs to be upgraded. There is also excessive competition due
to a low student application acceptance ratio, because of an overwhelmingly high
number of applicants. Apart from the years affected by the pandemic, the travel and
tourism industry has been seeing a steady growth and there is a lot of competition in
the related academic fields because of the growing demand of specialized courses in
this area11. In fact, the pandemic has given rise to increase in travel within India as
most of the International travel options are unavailable which has resulted in the new
properties being built in exotic locations in India. The Applicant cannot seem to draw
faith around this uncertainty and wishes to stay clear of this confusion. He is certain

1
https://www.researchgate.net/publication/341700703_AN_OVERVIEW_ON_TOURISM_EDUCATION_IN_INDIA
of a promising career once he completes his education and returns to India as travel
and tourism firms are continuously looking to hire specialized personnel at well-
paying packages. My client also intends to start a travel agency business after
gaining the relevant experience.

With all this research in the background, my client has carefully chosen the intended
program to develop the necessary skill to be effective in a big setup. This program
focuses on acquiring the necessary academic skills and touches upon the study of
various courses like Professional Travel Presentations, Essential Computer Skills and
Reporting, Resorts & Leisure Travel, Information Technology in Tourism &
Hospitality, Tourism Photography, Professional Tour Guiding, Social Media and
Marketing for Tourism, Outdoor Adventure and Awareness Travel, International
Tourism and Hospitality. Navjot Singh is certain that this program will set his profile in
the required direction and will make his profile open to a vast spectrum of
employment and business prospects in his home country. I request you to holistically
consider the attached study plan provided in which my client has outlined his
research as well as reasons in detail for his proposed study (see Yuzer v. Canada
(Citizenship and Immigration), 2019 FC 781 wherein Hon’ble Mr. Justice Norris
notes that “Officers must justify in their reasons why local alternatives are preferable
to the Canadian destination”). I request you to holistically consider the attached
Statement of Explanation provided with this application.”

Also in this regard, I would like to cite Raymundo v. Canada (Citizenship and
Immigration), 2018 FC 759 particularly Para 11 and 12 where Hon’ble Mr. Justice
LeBlanc noted:

“[11] There are, in my view, two issues with the Decision. The first issue
concerns the Officer’s conclusion that he was not satisfied that the Applicant’s
proposed studies in Canada made sense and followed a logical and consistent
study path given the limited information on how these studies would improve
the Applicant’s career prospects to a degree that would offset the costs of
studying abroad instead of pursuing programs available locally for a fraction of
the cost.

[12] This statement is simply not supported by the evidence that was before
 the Officer and the Officer offers no reasonable explanation as to why the
proposed program does not make sense. On the contrary, the Applicant
details, in the personal study plan he submitted in support of his visa
application, how the proposed program would contribute to his career plan as
well as the research he conducted to attempt to find a similar program in the
Philippines that teaches the international business skills he seeks to acquire
(CTR, at p 17). In this regard, the Officer’s decision lacks intelligibility,
transparency and justification.”

I request you for an empathetic assessment for his application so that a hard-working
and dedicated student like him does not miss out on the opportunity to amplify his
career. He has access to sufficient funds and has no intention to disrespect the
conditions of his stay. My client is very close to his parents, and upon completion of
his Canadian education, intends to return to India to be with them and resume his
career in India.

His family also has multiple high-valued properties and funds with an annual
agriculture income of INR 1,97,500. We and have maintained savings & movable
assets of INR 30,10,873 (CAD 51,382) and hold immovable assets of worth INR
1,27,99,200 (CAD 218,387). in their country of citizenship – India, which will need to
be managed in the long run thereby evidencing his strong ties to India.

Overall, it is submitted that Navjot Singh intends to respect the conditions of his stay
throughout his stay in Canada. Through this application, my client requests the
requisite authorization to pursue his education in Canada.
In reaching a decision, an officer is required to consider several factors, which
includes the following:

1. Applicant’s ties to country of permanent residence: The applicant belongs

to a nuclear family and he needs to take care of his parents and younger
sister. He understands his responsibilities towards his family and realizes that
returning to India will be vital. His family has been supportive of his decisions
throughout his life and continue to do so even for his current intention to
pursue the Tourism and Travel program from Canada, and he would also like
to be there for them inthem in their advancing age. Additionally, travel and
tourism is a fast-evolving branch of study in India and obtaining this diploma
will enable him to be at the centre of where this change emanates from. All
 reputed firms and corporate look to hire employees with international degrees
or degrees from National Travel and Tourism Colleges in India, thus, Navjot
Singh will be at a huge advantage with his Diploma in travel and tourism.
Hence, he has no incentive to overstay his welcome in Canada or disrespect
the conditions of his stay as he is bound to be placed well with a high-paying
job in India22.

2
There are plenty of job opportunities for travel and tourism applicants in India, and this can be referenced from
the following: https://www.linkedin.com/jobs/search/?keywords=travel%20and%20tourism

2. Previous Education: The Applicant hasd completed his secondary education

in 2019 and a Certificate in Welding under the Craftsmen Training Scheme in
2020 to gather vocational training. However, he always had a heightened
interest in the tourism and travel field and also intends to work in the travel and
tourism sector and set up a travel agency in future. Thus, he decided to pursue
a Diploma in Travel and Tourism where he intends to gain further knowledge
in this field. This further strengthened his ambition to foster his knack and
make himself more employable at the big firms/corporates thereby enabling
him to make a difference in the justice systemtravel and tourism industry by
utilizing the knowledge and exposure obtained from the world-class education
imparted by St. Clair College. Additionally, I would like to cite the case of
Adom v. Canada (Citizenship and Immigration), 2019 FC 26 wherein the
scope of the Visa Officer reviewing evidence has been discussed:
“[16] Second, I disagree with the Respondent’s argument that the
decision is otherwise reasonable. Having reviewed the Applicant’s
educational plan myself, it is clear that at no point does she ask for
career counseling advice. Yet this Visa Officer apparently fancied the
opportunity to assume the role of career counselor and opine that the
Applicant’s intended studies in Canada would not enhance her work for
her brother. Such extraneous considerations make it obvious that the
Visa Officer engaged in an unreasonable review of the evidence.

[17] I would be remiss not to point out that the Visa Officer’s foray into
career counseling also indicates that the Applicant’s detailed education
plan was not reviewed. While this study plan explains her intent is to

2
There are plenty of job opportunities for travel and tourism applicants in India, and this can be referenced from
the following: https://www.linkedin.com/jobs/search/?keywords=travel%20and%20tourism
 return to Ghana and set up a human resources consultancy firm, the
reasons indicate the Visa Officer’s incorrect belief that her intent is to
work for her brother’s company:

Moreover, I am not satisfied that pursuing studies in Canada at

this time would lead to a significant enhancement in the
applicant’s life and work for the company…As fulfilling all three
roles of family member/employer/sponsor, I am not satisfied that
the brother’s support of her studies merits no scrutiny when
objectively considering whether the applicant is a genuine
temporary resident and eligible for a study permit.

[18] Had the Visa Officer read the study plan, then the Visa Officer
would have known that the Applicant intends to open her own human
resources firm, which is why she wants to study human resources at
Algonquin College. The quoted passage also illustrates that this
erroneous belief impacts the Visa Officer’s assessment of the evidence,
as it leads to the conclusion that evidence of her brother’s support is
unsatisfactory.

[19] This decision is unreasonable and I am setting it aside. There is no

need to consider the second issue put forward by the Applicant.

In making the decision on this application I also ask that you consider the recent
guidance from the Supreme Court Canada decision re Vavilov, which at paragraphs
127-128, describes the concept of responsiveness as follows:

The principles of justification and transparency require that an administrative

decision maker’s reasons meaningfully account for the central issues and
concerns raised by the parties. The principle that the individual or individuals
affected by a decision should have the opportunity to present their case fully
and fairly underlies the duty of procedural fairness and is rooted in the right to
be heard: Baker, at para. 28. The concept of responsive reasons is inherently
bound up with this principle, because reasons are the primary mechanism by
which decision makers demonstrate that they have actually listened to the
parties.

To reiterate, the requisite forms and supporting documentation as per the checklist
have been included with this application. For your ease of reference, the Statement of
Purpose is submitted in “Client Documents” section of the portal with this application
submitted by the applicant.
Should you require any further information and/ or documentation, please feel free to
contact the undersigned.

I thank you in advance for your time and consideration.

Yours truly

XYZ Awalpreet Kaur Takkar

Member in Good Standing of the ICCRC CCIC (R531017),
Member in Good Standing of CAPIC