Canadian Immigration: The Canadian federal courts recently made decisions in two immigration-related cases involving severe processing delays. In both cases, applicants requested a writ of mandamus to force Immigration, Refugees, and Citizenship Canada (IRCC) to make a decision on their application.
A writ of mandamus is a legal order that requires IRCC or any government body to make a decision within a set timeline. It is used only in special cases where delays are excessive and unjustified.
Case 1: Permanent Residence Application Delay
In the first case, Tala Ghaddar, her husband, and three children asked the court to order IRCC to process their permanent residence application submitted back in 2016. They applied through Express Entry and were nominated by a Provincial Nominee Program (PNP) in 2017.
Ghaddar contacted IRCC several times since 2018 but never received enough information about the delay. The court agreed that the delay was unreasonable and unfair.
Court’s Decision
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IRCC was ordered to finish processing the application within 90 days.
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The family received $1,000 as compensation for the long delay.
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IRCC failed to justify or explain the delay.
Case 2: Study Permit Application Delay
In another case, a student with a Bachelor’s and Master’s degree from Zhejiang University applied for a study permit in 2021 after being accepted into a PhD program at the University of British Columbia.
The applicant requested a writ of mandamus due to delays. However, the court rejected the request.
Court’s Reasoning
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The applicant could begin the program online from China, meaning the delay was not severely harmful.
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There was no discrimination as the applicant could “study elsewhere.”
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Thus, the conditions for mandamus were not met.
Key Takeaway: Mandamus Is Rare and Conditional
A writ of mandamus is only granted when:
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The delay is unfair, unreasonable, and harmful.
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The applicant has no other reasonable options.
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All other communication attempts with IRCC have failed.
It is used as a last resort.
What You Can Do Before Seeking Mandamus
IRCC has service standards for processing, but delays can happen. Before considering a mandamus, make sure to try all available steps.
Steps to Take
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Ensure all forms and documents are complete and updated.
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Check application status using IRCC’s online processing tool.
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Contact IRCC through:
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Webform
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Customer service call center
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Request help from your local Member of Parliament (MP).
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File an ATIP request for your:
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GCMS notes
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CAIPS notes
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FOSS notes
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These notes reveal officer concerns or missing documents in your file.
Legal Assistance
You may also hire a lawyer to send IRCC a formal request letter highlighting:
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The impact of the delay
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Your attempts to contact IRCC
How IRCC Calculates Processing Times
IRCC determines standard processing times based on the time taken to process 80% of past applications. Processing starts when IRCC receives a complete application and ends when a decision is made.
Times vary because every application is different.
Examples of Processing Times
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Provincial Nominee (Express Entry): ~9 months
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Study Permit (outside Canada): ~7 weeks
Processing times depend on workload, volume, and applicant circumstances.
Summary
Important Points
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Writ of mandamus forces IRCC to make a decision faster.
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It is granted only when the delay is unreasonable and harmful.
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Applicants should first:
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Update documents
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Contact IRCC
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Request GCMS/CAIPS/FOSS notes
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Seek MP’s help
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Legal assistance can help strengthen your case.
Common Questions About Canadian Immigration
1. What is a writ of mandamus?
A legal order requiring IRCC to make a decision on your immigration application within a specific timeline.
2. When should I consider mandamus?
Only after exhausting all other options and when the delay is causing serious harm.
3. What conditions must be met for mandamus?
You must show:
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Serious harm
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No other reasonable solution
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Extremely long, unjustified delays
4. What should I do before mandamus?
Ensure documents are correct, check status online, use webforms, call IRCC, and explore all communication methods.
5. Can I involve my MP?
Yes. Your MP can request a status update on your behalf.
6. What is ATIP?
A request for GCMS, CAIPS, or FOSS notes to understand issues with your application.
7. Should I hire a lawyer?
Yes, if you believe your case meets mandamus conditions.
8. How are processing times calculated?
IRCC bases them on the time taken to process 80% of similar applications.
9. Can processing times change after applying?
Yes, due to workload or other factors.
10. Do different applications have different processing times?
Yes, each application type has its own timeline.
11. Can I speed up my application?
Not directly, but you can prevent extra delays by submitting complete documents and staying updated.
12. Will mandamus speed up my application?
Only in rare cases where the court orders IRCC to act.
13. Can I challenge IRCC processing delays?
You may explore legal options like mandamus or consult a lawyer.
