Case Law
Federal Court Orders Decision on 3-Year Visitor Visa Delay, Awards Costs

Federal Court Orders Decision on 3-Year Visitor Visa Delay, Awards Costs

Application for Judicial Review Granted
Citation
2026 FC 783
Decided
Court file
IMM-1552-25
Full judgment
Read the decision

Case Law Overview

Sabour v. Canada (Citizenship and Immigration), 2026 FC 783

The Applicant sought an order of mandamus to compel a decision on his temporary resident visa application, filed over three years prior, to visit his two daughters in Canada. IRCC had failed to process the application, which far exceeded its own service standards.

Court Ruling

The Federal Court granted the mandamus order, compelling IRCC to issue a decision within 30 days. The Court found the delay of 11-12 times the service standard was unreasonable and that IRCC's justification was neither transparent nor intelligible.

Key Quote from the Court

Based on the lack of specific information justifying the delay, and the unexplained delay of more than three years in the request for information from the Applicant, the justification is not transparent or intelligible, and therefore it is unreasonable (Kia v Canada (Citizenship and Immigration), 2026 FC 780 at para 21).

Expert Takeaways

  • Unreasonable Delay is Actionable Processing times that are multiples of IRCC's own service standards (in this case, 11-12 times longer) are highly likely to be deemed unreasonable by the Court, opening the door for a successful mandamus application.
  • The Onus is on IRCC to Justify Delays Once a delay is shown to be prima facie unreasonable, the burden shifts to IRCC to provide a transparent and intelligible justification. Vague references to security screening, especially when made years into the process, are insufficient.
  • Ignoring Applicants Can Be Costly The Court awarded special costs against the government for repeatedly ignoring the Applicant's requests for information, which forced him to file a judicial review simply to understand the reason for the delay. This highlights that unresponsiveness has consequences.
  • Mandamus Forces a Decision, Not an Approval A successful mandamus order compels IRCC to render a decision (either an approval or a refusal) within a set timeframe. It does not guarantee the application will be approved, but it ends the indefinite waiting period.

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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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.

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)

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