Case Law
Court Denies Mandamus for Gaza TRV, Citing Incomplete Application

Court Denies Mandamus for Gaza TRV, Citing Incomplete Application

Application for Judicial Review Dismissed
Citation
2026 FC 366
Decided
Court file
IMM-9527-24
Full judgment
Read the decision

Case Law Overview

A.A., B.B. v. Canada (Citizenship and Immigration), 2026 FC 366

A Palestinian couple in Gaza applied for Temporary Resident Visas (TRVs) under the special public policy. After experiencing significant processing delays and living in dire conditions, they sought a writ of mandamus to compel a decision from IRCC.

Court Ruling

The Federal Court dismissed the application, finding the prerequisites for a writ of mandamus were not met. The Court ruled that because one applicant's biometrics were outstanding and the applicants had caused a significant portion of the delay, it could not compel a final decision.

Key Quote from the Court

First, I find that the Applicants have not satisfied all of the requirements for a decision to be made on their TRV applications, as biometrics remain outstanding for BB. The Policy provides no exemptions from the requirement to provide biometrics and requires BB to exit the Gaza Strip to provide them, which I acknowledge she cannot freely do.

Expert Takeaways

  • All Prerequisites for Mandamus are Mandatory Before seeking a mandamus order, applicants must ensure they have satisfied all requirements for a decision to be made, including providing biometrics and all requested documentation. The Court will not compel a decision on an incomplete application.
  • Applicant-Caused Delays Undermine Claims The Court found the applicants were responsible for a significant delay by refusing to provide a required form for 13 months. Any delay caused by an applicant will weaken the argument that the government's delay is unreasonable.
  • Courts Cannot Waive Policy Requirements Even in highly sympathetic circumstances, the Federal Court reiterated that it does not have the authority to set, vary, or grant exemptions to an immigration policy's explicit requirements, such as the mandatory provision of biometrics.
  • Holistic vs. Sequential Mandamus The Court rejected the applicants' attempt to break the process into sequential steps and compel action on each one. The legal duty to process an application is viewed holistically, culminating in a final decision.

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?

Tick whatever is true for you. Nothing is sent anywhere - this stays in your browser.

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.

Facing an immigration refusal?

Talk to a Federal Court lawyer about challenging the decision through judicial review.

Book a Consultation Contact Us

No obligation - we review your documents and tell you if a Federal Court application is realistic.

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.

Ali Dadkhah

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)

Stay informed

Follow Ali Dadkhah on LinkedIn

Visa or PR refused? Stuck for years? We challenge IRCC at the Federal Court - judicial review & mandamus.

Follow on LinkedIn