Federal
Court Grants Mandamus After 3.5-Year Delay in Study Permit Processing
The
Federal Court granted a writ of mandamus requiring IRCC to make a decision on a
study permit application that had been pending for over three and a half years.
The Court held that IRCC failed to justify the extraordinary delay by relying
only on generic references to an ongoing security screening without providing
evidence explaining the prolonged processing time.
Key
Principle
Where
an immigration application has been subject to an unreasonable delay, IRCC must
provide case-specific evidence explaining the delay. General statements that security
screening is ongoing are insufficient to justify prolonged processing or defeat
an application for mandamus.
Background
The
applicant, an Iranian citizen, applied for a study permit in January 2023 to
pursue a master’s degree in mechanical engineering. Shortly after applying,
IRCC referred the application for a security assessment.
Despite
repeated requests for updates over more than three years, IRCC provided only
generic responses indicating that background checks remained in progress. After
the applicant commenced judicial review proceedings seeking mandamus, IRCC
continued to rely on the ongoing security screening as the reason for the
delay.
Court
Findings
•
The Delay Was Unreasonable
Justice
Conroy held that a processing delay of approximately 3.5 years—far exceeding
IRCC’s published 60-day service standard—was prima facie unreasonable. The
applicant was not responsible for the delay and suffered significant prejudice,
including the loss of academic opportunities.
•
Generic References to Security Screening Were Insufficient
The
Court found that IRCC failed to provide evidence explaining the prolonged
delay. Blanket statements that security screening remained ongoing did not
justify the delay, as IRCC was required to produce case-specific evidence
demonstrating why additional processing time was necessary.
•
Mandamus Was Appropriate
Having
established the requirements for mandamus, the Court ordered IRCC to render a
decision within 45 days. The Court also awarded costs, finding that IRCC’s
reliance on unsupported explanations unnecessarily prolonged the litigation.
Outcome
The
Federal Court granted the application for judicial review, issued a writ of
mandamus requiring IRCC to decide the study permit application within 45
days, and awarded the applicant costs of $1,000.
Case
Citation:
Roghangar v. Canada (Citizenship and Immigration), 2026 FC 987 (CanLII)
Prepared by:
Dr. Muhammad
Abrar (Barrister and
Solicitor)
Author | Writer | Mentor | Legal Researcher | Canadian
Immigration Case Law and Statistics Analyst
