Federal Court: Long Security Delays Not 'Special Reason' for Legal Costs
- Citation
- 2026 FC 591
- Decided
- Court file
- IMM-18614-24
- Full judgment
- Read the decision
Case Law Overview
Khan v. Canada (Citizenship and Immigration), 2026 FC 591
The Applicant sought a writ of mandamus to compel a decision on his study permit application, which was delayed for nearly three years. After IRCC refused the permit just before the hearing, the Applicant pursued legal costs, arguing the delay constituted bad faith.
Court Ruling
The Federal Court dismissed the application and refused to award costs. The Court held that while the delay was long, it was justified by ongoing security screenings with partner agencies and did not meet the high threshold of 'special reasons' required for a costs award.
Key Quote from the Court
I find that the delay in this case, while long, was not so oppressive as to constitute reprehensible conduct. The security of Canada is important, and security screenings is a necessary and important requirement under the IRPA...
Expert Takeaways
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High Bar for Awarding Costs This case reaffirms the high threshold for awarding costs against IRCC. Applicants must prove more than just a long delay; they need to show 'reprehensible, scandalous or outrageous conduct' or bad faith, which is difficult to establish.
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Security Screening Justifies Delays The Court gives significant deference to IRCC when delays are attributed to security screenings involving external partners. A simple claim that the file was 'dormant' is insufficient if IRCC can show the file was undergoing security checks.
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Timing of a Decision Isn't Proof of Bad Faith IRCC issuing a decision or a procedural fairness letter shortly after a mandamus application is filed is not, by itself, enough to prove bad faith. The Court requires more convincing evidence to make such a finding.
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Mandamus Remains a Powerful Tool Although costs were not awarded, the mandamus application was effective in prompting a final decision from IRCC. It remains a crucial legal remedy for compelling action on unreasonably delayed applications, even if the outcome is a refusal.
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 Study Permit rulings
Federal Court: Security Checks Can Justify Study Permit Processing Delays
Court Rules Officers Can't Act as Career Counsellors in Study Permit Cases
Federal Court: IRCC's Blanket Security Screening Claims Can't Justify 3.5 Year Delay
Federal Court: Unexplained Bank Deposits Sink Study Permit Application
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)