Federal Court Orders IRCC to Decide PNP Application After Unreasonable Delay
- Citation
- 2026 FC 1133
- Decided
- Court file
- IMM-6626-25
- Full judgment
- Read the decision
Case Law Overview
Kavarizadeh v. Canada (Citizenship and Immigration), 2026 FC 1133
The applicants, Iranian citizens, applied for permanent residence under the Provincial Nominee Program in June 2022. Facing a delay of over four years, they sought a mandamus order to compel a decision from IRCC, which cited ongoing security screening as the reason for the hold-up.
Court Ruling
The Federal Court granted the mandamus order, compelling IRCC to issue a final decision within 90 days. The Court found the delay was unreasonable and that simply stating 'security screening continues' without further detail was an insufficient justification for the prolonged processing time.
Key Quote from the Court
This Court has consistently required some details with respect to what security concerns or issues are the cause of the delay if lengthy security screening is relied upon as the reason for delay... Simply stating that the security screening continues is simply insufficient. (at para 66)
Expert Takeaways
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IRCC Must Justify Delays Citing 'ongoing security screening' is not a blank cheque for IRCC to justify indefinite delays. The Federal Court requires a satisfactory explanation, even if general, for why a security review is taking so long.
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The Burden Shifts to the Government Once an applicant demonstrates that a delay is prima facie unreasonable (i.e., significantly longer than processing standards), the legal burden shifts to IRCC to prove the delay is justified. Failure to provide evidence will favour the applicant.
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Applicant Errors Don't Excuse All Delays Even if an application is initially incomplete, this does not automatically excuse IRCC for a subsequent, unrelated delay. In this case, IRCC admitted the applicant's failure to provide military service details did not cause the security screening delay.
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Mandamus is a Powerful Remedy For applicants stuck in processing limbo, a mandamus application is a critical legal tool to force a decision. This case reaffirms that the courts will intervene to hold IRCC accountable for unreasonable processing times.
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
Court Orders IRCC to Decide on PNP Application After 56-Month Delay
Federal Court Mandates Decision on 6-Year Delayed PNP Application
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