Application stuck with IRCC? The Federal Court can order a decision.

When IRCC has taken far longer than it should, we push the file forward and, if that fails, ask the Federal Court for an order of mandamus directing IRCC to decide your application.

How can we help?

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Which application is delayed?

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We'll call you during office hours, 9 am to 5 pm, 7 days a week. Have your application number and the date you applied to hand.

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Is the delay unreasonable?

Waiting a long time isn't enough on its own.

There's no fixed number of months that makes a delay unreasonable. The Federal Court has set out three questions, and it also expects you to have asked IRCC for a decision before you go to court.

  • Longer than the process needsOn its face, the wait has gone well past what an application like yours normally requires.
  • Not caused by youYou and your representative answered every request and didn't hold the file up. A missed interview or a missing document counts against you.
  • No good explanation from IRCCIRCC hasn't given a satisfactory reason for the delay.
  • You've asked for a decisionYou've made a clear request that IRCC decide, given it time to respond, and it hasn't.

Your options

Two ways to move a stalled file.

Each case is different. We start with the step that fits where your file is, and keep the court option ready if IRCC keeps stalling.

Read the full guide: Delayed IRCC application? When mandamus can force a decision.

Ask IRCC, then escalate

We contact IRCC on your behalf to find out what's causing the delay. Officers often keep stalling, so we follow up with a formal case enquiry to push the file up the line.

Usually fits whenYour application is past the published processing time and you haven't yet asked IRCC what's holding it up.

Apply for mandamus

When you can't wait any longer, a mandamus application asks the Federal Court to order IRCC to decide. We gather evidence of what the delay is costing you, like time apart from family or a job you can't start.

Usually fits whenThe delay is serious, enquiries haven't worked, and IRCC hasn't given a good reason.

The steps

From a stalled file to a court order.

Mandamus is the last step, not the first. Each step before it builds the record the Court will look at.

Ask about your delay
  1. Check where your file standsWe compare your wait with IRCC's processing time and reviews your file notes to see what's outstanding.
  2. Enquire and escalateStatus requests and a case enquiry through IRCC's web form, so there's a written record of each ask and each answer.
  3. Send a demand letterA formal letter asking IRCC to decide within a set time, and warning that the next step is the Federal Court.
  4. Apply for leave at the Federal CourtWe file an application for leave and judicial review seeking mandamus, with a sworn statement of the facts and what the delay is costing you.
  5. Leave and the hearingA judge decides on the written arguments whether the case goes to a hearing. If IRCC decides your application along the way, the case may end there.
  6. The orderIf the Court agrees, it orders IRCC to decide your application, and can set a time for it.

Know what to expect

What mandamus can and can't do.

It can

Force a decision

  • Order IRCC to decide your application
  • Set a time limit for that decision
  • Make IRCC explain the delay to a judge

It can't

Decide the outcome

  • Approve your application or tell IRCC how to decide
  • Skip required medical, security or background checks
  • Fix a delay you or your representative caused
  • Move you ahead when your file is within normal processing times

Processing times

Start with IRCC's own numbers.

IRCC's processing times tool estimates how long a new application would take if it arrived today. It's updated regularly and IRCC says it's not a maximum or a guarantee. If you're past it, IRCC's web form lets you ask about your application. Bring these to your first meeting.

Check processing times
  • Your application numberAnd the date IRCC received the application.
  • Acknowledgment of receiptOr any letter confirming the file is in process.
  • Every letter from IRCCRequests for documents, biometrics, medicals or interviews.
  • Your enquiries and repliesWeb form messages and any answers you got back.
  • Proof of what the delay costs youTime apart from family, a lost job offer, health or money pressures.
  • File notes, if you have themAlso called GCMS notes. If not, we can request them.
“Ben is a highly skilled legal professional who guided me through the writ of mandamus process for my father.”
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Questions

Delays and mandamus

Don't see yours? Call (289) 309-3069.

How long do I have to wait before applying for mandamus?

There is no set number of months. The Court asks whether the delay is longer than the process should take, whether you or your representative caused it, and whether IRCC has a satisfactory explanation. IRCC's published processing time for your application is a useful starting point, but it isn't the test.

Will mandamus make IRCC approve my application?

No. Mandamus can order IRCC to make a decision, not a particular one. If the decision is a refusal, you then have the usual options for challenging it.

Do I need to ask IRCC for a decision first?

Yes. One of the conditions for mandamus is that you asked for a decision and IRCC either refused or took unreasonably long to answer. We send a formal demand and keep a record of every enquiry before going to court.

Could I have to pay the government's legal costs?

Not usually. Under the Federal Court's immigration rules, no costs are awarded for or against either side unless the Court finds special reasons.

What if IRCC says my file is in security screening?

Background and security checks can explain some delay, but IRCC still has to give a satisfactory explanation for how long it is taking. We review your file notes to see where the application is stuck before advising on mandamus.

Is the first meeting free?

Video meetings are free. In-person meetings at First Canadian Place are $100.

Related

Other immigration matters we handle.

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Still waiting? Ask us what your next step is.

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