Federal Court Orders IRCC to Decide on Visitor Visa After 900+ Day Delay
- Citation
- 2026 FC 1111
- Decided
- Court file
- IMM-6963-25
- Full judgment
- Read the decision
Case Law Overview
Mansoursharifloo v. Canada (Citizenship and Immigration), 2026 FC 1111
The Applicant, an Iranian citizen with a background in mechanical engineering and work at a nuclear power plant, sought a mandamus order to compel a decision on his visitor visa application. The application had been pending for over 900 days, far exceeding the posted processing times, with no meaningful updates from IRCC.
Court Ruling
The Federal Court granted the application, finding the delay unreasonable and unjustified. The Court ordered the Minister to render a final decision on the visitor visa application within 60 days, reinforcing that even complex security screenings do not give IRCC 'carte blanche' for indefinite delays.
Key Quote from the Court
While I agree that it is not for the Court to dictate the length of a security screening process, as written by Mr. Justice Nicholas McHaffie at paragraph 19 of Jahantigh, “that does not give the Minister carte balance in respect of any investigation”.
Expert Takeaways
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Delays Have a Limit This case confirms that even for applications involving complex security screening, IRCC does not have unlimited time. A delay that is multiples of the standard processing time can be deemed unreasonable by the Court.
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The Burden is on IRCC to Justify Delays When challenged, a simple statement that an application is 'in process' or undergoing security checks is insufficient. IRCC must provide a satisfactory justification for the delay, and failure to do so can lead to a court order compelling a decision.
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Mandamus is a Powerful Remedy For applicants stuck in processing limbo, a mandamus application is a critical legal tool. It can force IRCC to act and bring a long-delayed application to a conclusion.
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Build Your Record The applicant's repeated inquiries and a formal demand letter created a clear record of his attempts to get a decision. This strengthens the case for mandamus by showing a prior demand and an implied refusal through inaction.
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 Temporary Resident Visa (TRV) / Visitor Visa rulings
ARC Refusal Overturned: Officer Failed to Consider Applicant's Establishment Evidence
Court Rules Vague Fraud Allegations Violate Procedural Fairness
Federal Court Overturns Visitor Visa Refusal for Ignoring Evidence
IRCC Reopened Your File? Your Judicial Review May Be Dismissed as Moot
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)