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Lawyer's claims cloud Coquitlam school future for Grade 2 student

Lawyer said child would have “strong employment prospects” if they got to study in Canada. Ministry of citizenship and immigration had its doubts and denied a judicial review.
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A family wanted their child to go to school in Coquitlam but were denied a study permit.

Why would a family send a young girl halfway around the world to attend school in Canada, so she could learn English when she can get the same education at home in Iran for "a fraction of the cost"?

And is $137,000 in savings enough to support the mother and daughter in the Lower Mainland when the cost of living — plus $16,500 in foreign fees to School District 43 — would eat up nearly half of the nest egg?

Those questions and more were at the heart of a request by an Iranian family to obtain a study permit for their daughter.

According to submissions to a Dec. 19 judgment posted online, the girl was "lively" and enjoyed being taught English by her mom, who holds a bachelor’s degree in English.

Last March, they submitted a study permit application for the girl to attend Grade 2 in SD43, noting the large Iranian community that would help the mother and daughter from becoming homesick.

They were refused because the visa officer was "not satisfied" the child would leave at the end of her stay — or one year— as required by Canadian study permit rules.

Under these rules, a study permit applicant "must prove" to an officer they will leave Canada when their study permit expires.

The family, represented by the mother, sought a judicial review on the grounds that the officer's decision wasn't based on the evidence provided nor did it offer enough explanation as to why the study permit was denied.

Claiming they had $137,000 in savings, $2.37 million in real estate in Iran and the girl's father was a lawyer, the family believed they had enough in savings to support a year of study.

The family contended that the officer's finding "exuded an air of suspicion."

To the officer, the family's hope for their daughter to study in Coquitlam school district appeared "incomprehensible" given the family's personal and financial circumstances and that comparative programs in Iran are available at a "fraction of the cost."

However, the family's request for a judicial review of the decision was denied based on the facts considered by the officer.

"It is justified, transparent and intelligible," J. Bell said in the ruling, while noting, "The officer turned his mind to the topic of the financial feasibility of this program for a seven-year-old minor, studying at the Grade 2 level in a foreign land, more than 10,000 kilometres from home.

"In the circumstances, given Miss Jafari’s age, the cost of travel to Iran for visits with her father, the cost of living in Canada and the future costs of her education, the conclusion passes the test of reasonableness."

Adding to the doubts were claims by the applicant's lawyer that completing Grade 2 in Canada would help the youngster get a better job in future. 

"How applicant’s counsel can write about the career path of a seven-year-old girl and her strong employment prospects upon completion of her program, comes as somewhat of a surprise to me, given that this program consists of her primary level Grade 2 education in Canada."

In dismissing the lawyer's argument, Bell went further to say counsel's observations in fact "militate" against "the family's declared intent to return to Iran upon completion of her authorized stay."

The decision to deny a study permit for the Grade 1 Iranian student comes as School District 43 is rebuilding its international education program and enrolled 700 newcomer students this fall, an "unprecedented number," according to the school district.