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Understanding the IRCC Security Screening Delay Process

Understanding the IRCC Security Screening Delay Process

6 min read
Facing an IRCC security screening delay? Learn why it happens and how the Federal Court addresses unreasonable waits through judicial review and mandamus.

Understanding the IRCC Security Screening Delay Process

Waiting for a decision on your Canadian immigration application can be one of life's most stressful periods. You've submitted everything, followed the rules, and now you're in limbo. When months turn into years, and the only explanation is a vague reference to "security screening," it can feel like your future is trapped in a black box. This is a common and deeply frustrating experience for many applicants. The IRCC security screening delay process is an essential but often opaque part of Canada's immigration system, designed to protect national security. But what happens when that process stalls indefinitely? This is where the Federal Court of Canada plays a crucial role, providing a path for applicants to seek clarity and compel action when the wait becomes unreasonable.

Through the lens of real court cases, we can explore how the system is supposed to work, where it breaks down, and what legal remedies are available. These stories aren't just legal precedents; they are the experiences of people-skilled workers, entrepreneurs, and families-who turned to Judicial Review to get the answers they deserved.

When the Wait Becomes Unreasonable: The Federal Court Steps In

For many applicants, the first sign of a problem is when their application sails past the standard processing time. While security screening is a valid and necessary step, the courts have repeatedly affirmed that it cannot be a blank cheque for indefinite delays. When an applicant has done everything asked of them, the responsibility shifts to Immigration, Refugees and Citizenship Canada (IRCC) to either process the file or provide a good reason for the hold-up. When they fail to do so, applicants can seek an order of mandamus through Judicial Review-a legal tool to compel a government body to perform its duty.

Security Checks Are Not a Blanket Excuse for Delay

A common theme in Federal Court decisions is the rejection of vague justifications from IRCC. In Saqib Javed v. The Minister of Citizenship and Immigration, 2025 FC 987, an Express Entry applicant had been waiting 49 months-eight times the standard processing time. The Court found this delay unreasonable and rejected IRCC's explanation, stating, "The Respondent's bare submission that the GCMS notes show ongoing security checks is the kind of blanket statement that this Court has consistently held to be inadequate." This sentiment was echoed in Luo v. Canada (Citizenship and Immigration), 2026 FC 181, where a Provincial Nominee Program (PNP) applicant waited 45 months. The Court ordered a decision within 90 days, reinforcing that bald assertions of ongoing screening are not a sufficient justification for prolonged delays. Similarly, in Habibi v. Canada (Citizenship and Immigration), 2025 FC 1675, a 36-month delay for a citizenship application was deemed unreasonable, leading the Court to not only order a decision but also award costs against the government for its unsatisfactory justification.

These cases show a clear pattern: the courts expect more from IRCC than just pointing a finger at the security screening process. There must be a cogent explanation for why a specific file is taking so long.

When Security Concerns Are Specific and Justified

Not every security-related delay is unreasonable. The Federal Court carefully considers the context, especially when specific and serious national security concerns are at play. This was the situation in Doust v. Canada (Citizenship and Immigration), 2025 FC 1546. An Iranian couple faced a 103-week delay on their permit applications due to the husband's past mandatory military service with the Islamic Revolutionary Guard Corps (IRGC). While the delay was exceptionally long, IRCC issued a detailed Procedural Fairness Letter (PFL) just before the court hearing, outlining concerns about the applicant's admissibility due to the IRGC's recent designation as a terrorist entity. The Court found this PFL was a satisfactory justification for the delay, distinguishing it from vague updates. "The record before me, however, discloses more than a bald assertion that the security screening is ongoing," the judge noted, dismissing the mandamus application for the time being.

Similarly, in Cheloei v. Canada (Minister of Citizenship and Immigration), 2025 FC 820, an 18-month delay for a visitor visa from an Iranian applicant with IRGC service was also deemed not unreasonable. The Court emphasized that security screening is a vital part of the process and that such checks, especially involving certain affiliations, can justify longer waits.

The Interconnected Fate of Co-Applicants

The complexity of the IRCC security screening delay process is magnified in applications involving multiple people, like the Start-Up Visa program. In Tousi v. Canada (Minister of Citizenship and Immigration), 2025 FC 671, a family's application was delayed for 62 months because a business partner was under security review. The Court granted mandamus, stating that IRCC had a duty to explain the delay related to the linked application. However, a different outcome was reached in Seyed Mostafa Salehi v. Canada (Citizenship and Immigration), 2025 FC 1590. Here, a 51-month delay was also caused by a co-applicant's security screening. The Court dismissed the mandamus application, affirming that because all essential members of a Start-Up Visa group must be admissible, a delay for one justifiably halts the process for all. The judge explained, "If ultimately one of the essential applicants is found not to meet all the regulatory requirements, the Applicant's PR application will be refused." This highlights a critical risk for group applicants: your application is only as fast as your partner's security clearance.

Key Lessons for Applicants

  • Security Screening is Not a Blank Cheque for Delay: The Federal Court has consistently ruled that IRCC cannot use vague references to security checks to justify indefinite and unreasonable delays. They must provide a satisfactory explanation.
  • Specific Security Concerns Can Justify Delays: When IRCC can point to specific, credible security concerns (e.g., affiliation with a designated entity like the IRGC), courts are more likely to find a long delay reasonable and necessary.
  • Last-Minute Actions May Not Save IRCC: Courts are often skeptical of IRCC taking action (like issuing a PFL) only after a Judicial Review is filed. As seen in Gunaseelan Savirimuthu v. Canada (Citizenship and Immigration), 2025 FC 1957, such tactics can even lead to the Court awarding costs against the government.
  • Group Applications Carry Shared Risk: For programs like the Start-Up Visa, the security screening of one essential member can halt the applications for the entire group. This is a crucial factor to consider.
  • Mandamus is a Powerful Tool: For applicants stuck in a prolonged and unexplained security screening delay, Judicial Review and an order of mandamus remain the most effective legal tools to compel a final decision.

Navigating the IRCC security screening delay process requires patience, diligence, and an understanding of your legal rights. While security is paramount, so is fairness and administrative accountability. If your application is languishing without a clear and reasonable explanation, seeking professional legal guidance can help you understand your options and determine if it's time to ask the Federal Court to intervene.

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.

Is your delay the kind a court will look at?

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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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