and whose permanent residence application is processed in Canada.312 Quebec’s Education Act does not include an exception for persons without legal status. In November 2014, the Quebec Ombudsman concluded that between 300 and 400, and potentially thousands of children do not have access to free public education because they are not considered resident in Québec due to their parents’ precarious immigration status. In most cases, these children have no official immigration papers because their family remained in Canada after expiration of a temporary visa or after having been refused refugee status and are therefore no longer allowed to be in Quebec.313 Additional media reports have found individuals who are unable to attend due to their lack of immigration status are subject to fees of $5,000 to $6,000 per year.314 c. Article 22(2) – Higher Education Article 22(2) addresses the treatment of stateless persons in the pursuit of secondary school education and higher education. Higher education, or “post-secondary education” as it is known in Canada, includes studies undertaken at a diploma and degree granting college or university. Foreign nationals wishing to study at a college or university in one of the provinces or territories are required to possess a valid study permit. As an international student, a foreign national is required to pay applicable international tuition fees.315 Only Canadian citizens, permanent residents, or persons who have “protected person” status can pay domestic tuition fees.316 In 2012, the average international tuition fee was $18,641 per year; nearly three times the cost of tuition for Canadian citizens and permanent residents.317 Furthermore, without Canadian citizenship, permanent resident status, or protected person status in Canada, stateless persons in Canada are ineligible to access government operated grants and student loan programs in Alberta, British Columbia, Ontario and Quebec.318 The IRPR outlines regulations that allow some foreign nationals within Canada to apply for a study permit in order to attend a post-secondary education institution. Foreign nationals eligible to apply for a study permit include foreign nationals who: already have a study permit, have a work permit, are subject to an unenforceable removal order, or hold a temporary resident permit (TRP) of at least six months.319 Family members of foreign nationals who hold a study permit, work permit, temporary resident permit, or are subject to an unenforceable removal order can 312 Ministry of Immigration, Diversity and Inclusion, “List of exemptions”, (9 February 2009), available at: available at: http://tinyurl.com/b524u5q. 313 Le Protecteur du Citoyen, Summary Report (7 November 2014), available at: available at: http://tinyurl.com/pv2sv9w. 314 Miriam Katawazi, “Quebec laws keep undocumented children out of school” (12 September 2014), available at: http://tinyurl.com/k49h4nd. 315 Canada’s Reply to CESCR 2006, supra note 282 at 12. 316 Ibid. 317 Canadian Federation of Students, “International Students”, available at: http://cfs-fcee.ca/the-issues/internationalstudents/ 318 CanLearn, “Find Out if you are Eligible for a Student Loan” (23 July 2013), available at: http://www.canlearn.ca/eng/loans_grants/loans/qualify.shtml 319 IRPR, supra note 21 at s. 215(1)(a)-(e). 66