Federal Court Mandates Decision on 6-Year Delayed PNP Application
- Citation
- 2026 FC 1054
- Decided
- Court file
- IMM-9315-25
- Full judgment
- Read the decision
Case Law Overview
Andrienko v. Canada (Citizenship and Immigration), 2026 FC 1054
The Applicant, nominated by Ontario's Provincial Nominee Program (OINP), applied for permanent residence in August 2020. His application was delayed for nearly six years, far beyond the 11-month service standard, due to a prolonged and unexplained security screening.
Court Ruling
The Federal Court granted the application for a writ of mandamus, ordering IRCC to issue a final decision within 90 days. The Court found the delay unreasonable and ruled that IRCC's generic explanations, such as a 'pending' security check, were insufficient justification.
Key Quote from the Court
The Court has been clear on this point: IRCC cannot rely on a blanket, generic statement that security screening is in progress to justify an inordinate delay. While the particular evidence required will vary depending on the circumstances, an adequate justification must include at least some reason or explanation for why the security or other screening has been delayed.
Expert Takeaways
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IRCC Must Justify Delays This case reaffirms that IRCC cannot hide behind vague statements like 'security screening is pending' or 'the application is non-routine' to excuse excessive delays. The Court requires a concrete explanation for why a specific file is taking so long.
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Service Standards Matter While not legally binding, published processing times (like the 11-month standard here) are a key benchmark for the Court in determining if a delay has become unreasonable. Applicants can use these standards to build their case for mandamus.
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Mandamus is a Powerful Tool For applicants stuck in processing limbo for years without updates, a writ of mandamus is a crucial legal remedy. It forces IRCC to act and provides a clear deadline for a final decision, breaking the cycle of delay.
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Applicants Are Not Responsible for Provincial Holds The Court was not persuaded by IRCC's attempt to blame the province for part of the delay, especially since the provincial hold was lifted years ago. The ultimate responsibility for processing the application in a timely manner rests with IRCC.
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 Provincial Nominee Program (PNP) rulings
Federal Court Orders IRCC to Decide PNP Application After Unreasonable Delay
Court Orders IRCC to Decide on PNP Application After 56-Month Delay
Client Responsibility: Court Upholds Misrepresentation Finding Despite Claims of Rep's Incompetence
Court Upholds Refusal: Applicants Responsible for Errors, Even with a Consultant
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)