Cheloei v. Canada (Citizenship and Immigration), 2025 FC 820 : Mandamus Refused Where Visitor Visa Delay Was Justified by Ongoing Security Screening

In Cheloei v. Canada (Citizenship and Immigration), 2025 FC 820, the Federal Court considered whether an applicant could obtain mandamus compelling IRCC to decide his visitor visa application after approximately 18 months of processing. The applicant argued that the delay was unreasonable because it substantially exceeded IRCC’s posted processing time. The Court dismissed the application, finding that the delay was justified by ongoing security and background screening, particularly in light of the applicant’s disclosed military service with the Islamic Revolutionary Guard Corps (IRGC).

Key Principle

Posted IRCC processing times are estimates and do not create a binding entitlement to a decision within that period. Whether delay is unreasonable depends on the circumstances of the individual case. Where security screening requires coordination with multiple government departments and remains active, a lengthy processing period may nevertheless be reasonable.

An applicant seeking mandamus based on delay must satisfy the Apotex factors, including establishing a clear right to performance, unreasonable delay, significant prejudice, and that the remedy would have practical effect. All eight factors must be satisfied.

 Background

The applicant, an Iranian citizen, applied for a visitor visa on September 29, 2023, to visit his spouse and daughters, who were studying in Canada. He passed the eligibility requirements in January 2024, after which the application was referred for security and background checks.

IRCC subsequently requested military records and additional clarification concerning the applicant’s military service. In February 2025, the applicant confirmed that he had served for two years in the IRGC. He nevertheless argued that the delay was unreasonable, relying primarily on the fact that the IRCC website had indicated an average processing time of 41 days for visitor visas from Iran.

Court Findings

• Processing times are not guarantees: The Court relied on Jia v Canada in finding that IRCC website processing times do not create a binding representation or entitlement to have an application processed within that period. Exceeding the posted estimate, by itself, was therefore insufficient to justify mandamus.

• Security screening justified the delay: Although the application had been pending for approximately 18 months, the Court found the delay reasonable because security screening involved multiple government departments and was necessary to fulfill IRPA’s security objectives. The applicant’s IRGC service reasonably required further investigation and verification.

• Ongoing activity demonstrated genuine processing: The Court rejected the argument that IRCC’s requests for information after the judicial review application were merely attempts to create an appearance of activity. IRCC had requested military records and clarification, and the applicant’s initial information was incomplete.

• Insufficient prejudice: The applicant claimed prejudice because he had been separated from his spouse and daughters. However, he provided no evidence demonstrating significant prejudice. The Court also noted that his family could potentially visit Iran or meet elsewhere.

• Mandamus should not abbreviate security investigations: The Court emphasized that it should be cautious about ordering mandamus where doing so could interrupt or shorten an ongoing security investigation. Ensuring that prospective visitors do not pose security risks is an important objective of the immigration system.

Outcome

The Federal Court dismissed the judicial review, holding that the approximately 18-month processing period was not unreasonable or unjustified. The applicant failed to meet the high threshold for mandamus, particularly because the security screening remained justified and significant prejudice had not been demonstrated. No question was certified.

Case Citation:

Cheloei v. Canada (Citizenship and Immigration), 2025 FC 820 (CanLII)