Court Denies Mandamus for Start-Up Visa Due to Co-Applicant's Security Issues
- Citation
- 2025 FC 1590
- Decided
- Court file
- IMM-18191-24
- Full judgment
- Read the decision
Case Law Overview
Seyed Mostafa Salehi v. Canada (Citizenship and Immigration), 2025 FC 1590
The Applicant, a member of a Start-Up Visa business group, sought a writ of mandamus to compel a decision on his permanent residence application, which had been delayed for 51 months. The delay was caused by ongoing security screening for another essential member of the same business venture.
Court Ruling
The Federal Court dismissed the application, finding that the delay was justified. The Court affirmed that under the Start-Up Visa Program, all essential members' applications are processed together, and a final decision cannot be rendered on one applicant until the admissibility of all co-applicants is resolved.
Key Quote from the Court
What distinguishes this case from other mandamus applications is that the Applicant's PR application is tied to three other essential applicants. All four applicants under the same start-up business and their dependent family members must all be admissible for their PR applications to be approved. If ultimately one of the essential applicants is found not to meet all the regulatory requirements, the Applicant's PR application will be refused. (at para 26) Federal Court rules that a 51-month delay for IRCC's processing of a Start-Up Visa application is unreasonable. Madam Justice Go held that this was because even though the current processing time on the IRCC website is 53 months, it was considerably shorter when the applicant applied in 2020.
Expert Takeaways
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Group Applications Mean Group Responsibility The Start-Up Visa program links the fate of all essential members. A delay or inadmissibility finding for one member will directly impact and halt the processing for everyone else in the group. This is a critical risk factor to consider when forming a business group.
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Justification for Delay is Context-Specific While a 51-month delay is prima facie unreasonable, the court found it was justified because of the legislative requirement (IRPR s. 98.08(2)) to process all linked applications together. Security concerns for a co-applicant provide a valid reason for IRCC to pause processing for the entire group.
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Mandamus is Not a Tool to Sever Applications The Court will not order IRCC to process an application in isolation when regulations explicitly require it to be processed alongside others. Attempting to force a decision on your own file is unlikely to succeed if a co-applicant's case is the source of the delay.
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Bad Faith Allegations Require Strong Evidence The Court dismissed claims that IRCC acted in bad faith by issuing a Procedural Fairness Letter just before the hearing. While the timing was noted as unfortunate, it was not sufficient evidence of bad faith, and counsel was admonished for making allegations without a factual basis.
How long is too long?
There is no deadline to bring a mandamus application - and no fixed number of months that makes a delay unlawful. The Federal Court asks whether the delay is longer than the process reasonably requires, whether you have already asked for a decision and given the department a fair chance to make one, and whether the explanation offered for the wait actually holds up. The published processing time for your application type is where that comparison starts.
Does this ruling apply to your situation?
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That combination is worth a proper look. It does not mean you have a case - only a lawyer reading your actual documents can say that - but it does mean your delay is worth measuring against what the law expects.
Disclaimer
The information provided in this article is for general informational purposes only and does not constitute legal advice. Immigration law is complex and subject to change. For advice specific to your situation, please schedule a consultation with a qualified legal professional.
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Questions people ask after reading a case like this
How long is too long before I can go to court?
There is no fixed number in the legislation. The Federal Court asks whether the delay is longer than the process reasonably requires and whether the department has a satisfactory justification for it. The published processing time for your application type is the usual starting point for that comparison - but it is a benchmark, not a legal deadline.
Is there a filing deadline for a mandamus application?
No. Mandamus concerns a decision that has not been made, so the 15-day and 60-day limits that apply to challenging a refusal do not apply here. Delay in bringing the application is still something the Court can weigh, so waiting indefinitely is not cost-free.
Do I have to ask IRCC for a decision first?
Normally yes. One of the requirements is a prior demand for the decision and a reasonable time for the department to respond. Keeping a record of your requests and the replies you received matters, because that correspondence is part of what the Court looks at.
What does the Court actually order if I win?
Mandamus does not decide your application and it does not order an approval. Where the requirements are met, the Court orders the department to make a decision, usually within a set period. The decision itself can still go either way.
Will going to court hurt my application?
Officers are required to decide each application on its merits. Asking the Court to compel a decision does not change the legal test that is applied to your file.
More Start-Up Visa / Business Class rulings
Federal Court Upholds Misrepresentation Finding for Undeclared Representative
Federal Court: Digital Start-Up Visa Applicants Must Justify Early Entry to Canada
Federal Court: Vague Plans & Last-Minute Efforts Doom Quebec Investor PR Application
Federal Court: Ministerial Instructions Can Justify Start-Up Visa Processing Delays
Written by
Ali Dadkhah
Ali Dadkhah is a litigator whose practice is dedicated to challenging government decisions at the Federal Court of Canada. He specializes in judicial review, providing a crucial avenue for recourse for individuals and businesses who have faced unfair or unreasonable administrative outcomes. Bilingual legal support in English and Persian (Farsi)