Federal Court: IRCC's Blanket Security Screening Claims Can't Justify 3.5 Year Delay
- Citation
- 2026 FC 987
- Decided
- Court file
- IMM-9320-25
- Full judgment
- Read the decision
Case Law Overview
Roghangar v. Canada (Citizenship and Immigration), 2026 FC 987
An Iranian national applied for a writ of mandamus to compel IRCC to decide his study permit application, which had been pending for over three and a half years due to a security assessment triggered by his mandatory military service.
Court Ruling
The Federal Court granted the mandamus order, compelling IRCC to issue a decision within 45 days. The Court found the delay was prima facie unreasonable and IRCC failed to provide any specific evidence to justify it, relying instead on insufficient 'blanket statements' about security screenings.
Key Quote from the Court
This Court has repeatedly held that “blanket statements” that a security screening is in progress, without any evidence about the nature of the screening, is insufficient to justify delay. (at para 30)
Expert Takeaways
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The Onus is on IRCC to Justify Delays When an application is delayed, the burden shifts to IRCC to provide specific, evidence-based reasons for the delay in that particular file. General claims about security screenings or high volumes are not enough to defeat a mandamus application.
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Service Standards are a Key Benchmark While not a strict deadline, IRCC's published processing times (like the 60-day standard for study permits) are a crucial baseline. A delay that is many multiples of the standard (20 times in this case) is strong evidence of unreasonableness.
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Don't Wait Indefinitely If your application is significantly delayed and IRCC provides only generic responses, legal action may be necessary. A formal demand letter followed by a mandamus application can compel a final decision.
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Costs Can Be Awarded for Unjustified Opposition The Court awarded costs to the applicant, noting that IRCC's decision to oppose the application using arguments repeatedly rejected by the courts led to unnecessary litigation. This creates a financial disincentive for IRCC to fight clear-cut delay cases.
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
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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)