IRCC processing times are stretching longer than ever, with many applications sitting months or even years beyond the posted timelines. Staffing reductions and high volumes are only adding to the delays. But you don’t have to wait indefinitely.
One effective legal remedy is mandamus, a Federal Court order that directs Immigration, Refugees and Citizenship Canada (IRCC) to make a decision on a stalled application. Mandamus doesn’t guarantee approval, but it compels action when the delay is unreasonable.
Key Steps to Apply for Mandamus
- Document the delay
Gather proof that your application has passed the standard processing time listed on IRCC’s website. Save screenshots and keep detailed records. - Confirm no delay on your side
Ensure you and your representative have provided all requested documents and information promptly. Any delay caused by you could weaken your case. - Send a demand letter
Write to IRCC (or have your lawyer do so) explaining how the delay is affecting you or your family, for example, lost work opportunities or family separation. This step shows you gave the government a chance to act before going to court. - Assess the responseIf IRCC provides only automated replies or fails to give a meaningful update, it strengthens the case for mandamus.
- File in Federal Court
Your lawyer submits an application asking the court to order IRCC to process the file. Recent court decisions have lowered the threshold: you no longer need to prove severe hardship, only that the delay is unreasonable and causes real, documented impact.
Take Action
If your application has been stalled and IRCC isn’t responding, contact Greenberg Hameed. Our team can review your situation, prepare the necessary documentation, and help you determine whether a mandamus application is the right strategy to get your case moving.
For comprehensive legal analysis or strategic case support, contact Greenberg Hameed PC.
The content of this bulletin is for informational purposes only, and is not intended to provide or be relied on as legal advice.