The Federal Court has granted a writ of mandamus in response to a study permit application that faced significant delays. The applicant, who applied on July 13th, 2022, encountered a prolonged background check lasting over 15 months.
Judicial Mandamus: An Extraordinary Solution to Unwarranted Delays in Canada’s Immigration Process
A writ of mandamus, a judicial remedy, was sought to compel IRCC to make a timely decision. This legal recourse is employed in immigration law when applicants experience unwarranted delays.
Mandamus is an extraordinary measure, reserved as a last resort. Its application hinges on the unique circumstances of each case, requiring the court to determine if there has been an unreasonable delay without satisfactory justification.
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In this instance, the applicant aimed to pursue a Ph.D. program in mechanical and industrial engineering at the University of Toronto, initially scheduled for the fall of 2022. IRCC’s prolonged indecision forced her to defer the program multiple times.
The applicant’s husband, already in Canada as a student, faced a prolonged separation of over nine months due to the delays. It was argued that this separation caused emotional and psychological strain on the applicant. Moreover, the uncertainty of her application adversely impacted her ability to secure employment and support herself.
When the applicant inquired about the delays, IRCC responded that the application was undergoing routine background checks with an extended processing time. Frustrated by the numerous setbacks, she sought leave and judicial review, seeking a mandamus.
The court found that the delay vastly surpassed the typical processing time for study permit applications. It exceeded the usual average of nine months by more than seven times. The application did not involve complexities warranting extensive delays. The applicant was deemed irresponsible for the delay, and IRCC provided no satisfactory justification.
Consequently, the court ruled the delay unreasonable and directed IRCC to complete processing within 30 days.
Navigating Application Delays: Practical Steps Before Considering Legal Measures
If you face delays in processing your application, there are several steps to explore before resorting to legal actions such as a writ of mandamus.
Start by checking your application status on the IRCC’s website. See which features a tool that accurately displays expected wait times for your specific application type. Ensure all required documentation and applications are current to prevent unnecessary delays.
Next, consider filing a web form inquiry or contacting the IRCC customer center to inquire about your application. Seeking a substantive response or an explanation for the delay. If these inquiries remain unanswered or prove unsatisfactory, consider having a local Member of Parliament file a status update request on your behalf.
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Another avenue is filing an ATIP (Access to Information and Privacy) application. It requests your Global Case Management System (GCMS) notes. Additionally, you can request Computer Assisted Immigration Processing System (CAIPS) notes or Field Operations Support System (FOSS) notes.
These notes contain valuable information about the concerns or issues raised by the IRCC officer regarding your application. It allows you to address them and submit any missing documentation.
Consider hiring a lawyer to submit a formal request letter via IRCC’s webform as a final option. This letter can elaborate on how the delays in your application have significantly impacted you and outline the efforts you’ve undertaken to follow up with IRCC.
