Speeding up a delayed immigration application to Canada

Immigration application delays: common reasons 

Given the volume of immigration applications that are being processed by IRCC, there has been a lack of capacity on the part of the department to manage a large intake of files. IRCC has made a number of recent improvements to help with delays, including improved application trackers that notify applicants about the timeline of their application. The IRCC also posts the average processing time for immigration applications on their website here. 

Applications may be delayed if an applicant does not provide all of the required information, uses an outdated form, or is missing signatures or other information. When considering whether a mandamus is appropriate for your case, it is important to determine whether the IRCC has a complete application and that no information is missing from the file that is needed to make a final decision. 

What is a Mandamus Application? 

A mandamus is a legal process that involves filing an application for leave and judicial review with the Federal Court to ask for the court to intervene when an application has been pending for an unreasonable amount of time. In most cases, an applicant must show that the application is taking longer than the average processing time.  

Should I apply for a Mandamus? 

Whether your file is appropriate for a mandamus depends on each individual case. In order to proceed to the Federal Court, the conditions set out by the Federal Court of Appeal in Apotex Inc v. Canada must be met. This includes that the applicant has previously requested a decision (through a ‘demand letter’ often sent by a lawyer), that the IRCC was given a reasonable amount of time to comply with the request, and that there is a demonstrated unreasonable delay and prejudice to the applicant. 

In certain cases, a mandamus proceeding may be resolved early and not need to proceed to a Federal Court hearing. This depends on whether a decision is made prior to the hearing date, or whether a settlement is offered by the government. This will avoid having to attend a hearing at the Federal Court which saves legal costs to the applicants and limited judicial and government resources. 

How Smith Immigration Law Can Help 

Book a consultation with Adrienne Smith to find out whether your immigration application is appropriate for a mandamus.