Alnuaimi v. Canada (Citizenship and Immigration), 2026 FC 647 : Federal Court Orders Mandamus After Unreasonable Delay of Six Years in Overseas Spousal Sponsorship Processing

The Federal Court allowed an application for judicial review and issued a writ of mandamus requiring Immigration, Refugees and Citizenship Canada (IRCC) to process and determine an overseas spousal sponsorship application within 90 days. The Court found that the nearly seven-year delay was unreasonable and that the Minister had failed to provide sufficient evidence explaining why the Applicant’s security screening required such an extended period. The Court also awarded $2,000 in costs due to the exceptional circumstances surrounding the delay.

Key Principle

For mandamus, an applicant must establish the criteria in Apotex, including a clear right to performance of a public duty and an unreasonable delay. Under Conille, the Court considers whether the delay is prima facie longer than the nature of the process requires, whether the applicant is responsible for the delay, and whether the decision-maker has provided a satisfactory justification. Where security screening is relied upon, the Minister bears the burden of providing evidence explaining the nature of the screening and why it accounts for the delay.

Background

The Applicant, an Iraqi citizen, was married to a Canadian citizen and had two Canadian-born children living with his wife in Ontario. He submitted an overseas spousal sponsorship application for permanent residence in April 2019. During the first six months, his wife was approved as a sponsor, and the Applicant completed his medical examination and biometrics. However, from October 2019 until shortly before the judicial review hearing in April 2026, the family received virtually no substantive updates from IRCC.

Over approximately six years, the Applicant’s wife made at least 30 requests for information, personally or through her Member of Parliament. IRCC either failed to respond or provided generic explanations that background checks or further investigation were required. The GCMS notes indicated that comprehensive security screening began in January 2020, but there was little evidence of substantive action for extended periods. The Applicant therefore sought mandamus compelling IRCC to make a decision.

Court Findings

• The Delay Was Prima Facie Unreasonable

The Court noted that IRCC’s service standard for Family Class Priority applications was approximately 12 months, while the Applicant’s application had remained unresolved for almost seven years—approximately six times the applicable service standard. The lengthy periods of inactivity further supported the finding that the delay was unreasonable.

• Security Screening Alone Was Insufficient

The Minister relied primarily on the existence of “comprehensive security screening.” However, the record did not explain the nature of the screening, the specific security concern, or the steps taken by IRCC and its partner agencies. The Court emphasized that simply stating another government agency is involved does not relieve the Minister of the burden of explaining the delay.

• Mandamus Was Necessary

Although an interview had occurred shortly before the hearing, the Court found no assurance that a final decision would follow promptly. The Minister had still not provided evidence regarding the remaining steps. The Court therefore ordered IRCC to process and determine the application within 90 days.

Outcome

The Federal Court allowed the application for judicial review, ordered mandamus requiring IRCC to determine the permanent residence application within 90 days, and awarded $2,000 in costs. The decision confirms that prolonged security screening cannot, without supporting evidence, serve as a blanket justification for extraordinary delays in overseas spousal sponsorship processing.

Case Citation:

Alnuaimi v. Canada (Citizenship and Immigration), 2026 FC 647 (CanLII)