Federal Court: 8-Year Delay Not Enough for Special Costs in Immigration Case
- Citation
- 2026 CF 709
- Decided
- Court file
- IMM-2717-25
- Full judgment
- Read the decision
Case Law Overview
A.D.C. v. Canada (Citizenship and Immigration), 2026 CF 709
The Applicant filed for a mandamus order to compel a decision on their permanent residence application after an eight-year delay. Although IRCC granted permanent residence, making the mandamus moot, the Applicant sought over $23,000 in legal costs, arguing the delay constituted 'special reasons'.
Court Ruling
The Federal Court dismissed the Applicant's motion for costs. The Court affirmed the high legal threshold for awarding costs in immigration matters, ruling that even a significant delay, on its own, does not automatically meet the 'special reasons' test required by the Rules.
Key Quote from the Court
In the absence of admissible evidence, particularly concerning the allegations of evasive answers and deceitful and abusive conduct, the Applicant's Motion for costs rests exclusively on the processing delay of their application. Although each case must be assessed on its particular circumstances, several Federal Court decisions have refused to award costs for similar delays, even when the requested mandamus orders were granted. (at para 18)
Expert Takeaways
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High Bar for Costs in Immigration Cases This decision reaffirms that obtaining a costs award in an immigration judicial review is exceptionally difficult. Applicants must demonstrate 'special reasons,' such as bad faith or egregious conduct by IRCC, which goes far beyond just unreasonable delay.
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Delay Alone is Insufficient for Costs Even a successful mandamus application due to a long delay does not guarantee an award of costs. The Court has consistently held that the circumstances justifying a mandamus order are not inherently the same 'special reasons' needed for costs.
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Evidence Must Be Properly Filed Evidence must be submitted with the initial application record. The Court will not accept new evidence filed with a reply submission unless there are 'unusual circumstances' and court permission is granted. Failing to follow this rule can cripple your arguments.
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Cost Claims Must Be Realistic Requests for costs should be grounded in the Federal Courts Rules Tariff B. Demanding full recovery of legal fees as a lump sum, especially without supporting documentation, is highly unlikely to succeed in immigration law, unlike in some other areas like intellectual property.
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.
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 recent Federal Court rulings
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Court: Past Failures Don't Justify Mandamus if Problem is Now Resolved
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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)