Caregiver PR Delayed by a Policy Vacuum? Court Orders IRCC to Decide
An applicant's caregiver PR was delayed by a policy vacuum after IRCC changed rules. See how the Federal Court ordered a decision in Dai v. Canada.
Read full articleAli 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)
When IRCC fails to decide, or when a decision is wrong - we challenge the record at Federal Court.
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If your Canadian immigration application has been "in process" for months or years with no progress, we use Mandamus to force IRCC to decide.
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Judicial review asks: was the officer's decision fair, lawful, and supported by the record? We test your refusal against that standard.
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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)
As a lawyer at Infinity Law, Ali represents clients in all stages of the litigation process, from drafting compelling written applications to advocating for clients in hearings before the Court. His judicial review expertise covers the full spectrum of immigration and administrative law. He skillfully manages complex cases involving refused study permits, work permits, visitor visas, and permanent residency applications, consistently achieving results for a diverse clientele.
Ali earned his Juris Doctor (J.D.) from the College of Law at the University of Saskatchewan. This foundational Canadian legal training is complemented by his specialized Master of International Law and Economics from the World Trade Institute (University of Bern, Switzerland). This unique combination of credentials equips him with a sophisticated understanding of both domestic and international legal frameworks, which he applies for the benefit of his clients.
To see the real-world results of this dedicated approach, you can review a selection of his Federal Court cases.
Ali is generally in the office on Mondays – Fridays. He checks his e-mail daily.
Education: J.D., University of Saskatchewan and Master of International Law and Economics, University of Bern, Switzerland
Place and Year of Call: British Columbia, 2015.
Bilingual legal support in English and Persian (Farsi)
Bring your file. We'll give you an honest assessment - whether or not litigation is the right path.
Articles inspired by Federal Court decisions - written in clear, accessible language to help you understand how officers and judges think.
An applicant's caregiver PR was delayed by a policy vacuum after IRCC changed rules. See how the Federal Court ordered a decision in Dai v. Canada.
Read full articleExplore when an IRCC delay becomes unreasonable and the legal limits of a mandamus application, drawing insights from real Federal Court decisions.
Read full articleRefused over a credibility concern you never got to answer? The Federal Court can overturn an IRCC refusal that breaches your right to respond.
Read full articleHow a single IRCC verification call can lead to a 5-year misrepresentation ban, and what the Federal Court says about these calls.
Read full articleStart-Up Visa work permit refused? How the Federal Court treats urgent need and Letter of Support arguments, and what sinks SUV applications.
Read full articleExplore why a work permit refused over ties to home country can be challenged. Learn how the Federal Court requires IRCC officers to provide clear reasons.
Read full articlePaste your IRCC refusal letter or GCMS notes and our free tool compares it against 2,500+ Federal Court decisions - flagging the strongest grounds for judicial review in seconds.
Federal Court judicial review deadlines are tight - sometimes only 15 days. Use our free calculator to check exactly when your time runs out, based on your decision date and type.
When IRCC sits on an application too long, the Federal Court can order a decision - a remedy called mandamus. See how your wait compares to IRCC's posted processing time and to real Federal Court decisions.
A curated digest of recent Federal Court decisions with clear takeaways - to help you understand how the law is being applied.
Asghar v. Canada (Citizenship and Immigration), 2026 FC 1260
The applicant, a protected person from Pakistan, sought judicial review of a decision that ceased her refugee status. The decision was made after it was discovered she had obtained a new Pakistani passport and travelled back to Pakistan on three separate occasions.
Read full case lawMusembi v. Canada (Citizenship and Immigration), 2026 FC 1241
The applicant's spousal sponsorship for permanent residence was refused due to misrepresentation. On a previous visitor visa application, he had claimed to be married to another woman, a fact he later blamed on an agent who allegedly added the false information without his knowledge.
Read full case lawBadana v. Canada (Citizenship and Immigration), 2026 FC 1252
The applicant's permanent residence application under the Canadian Experience Class (CEC) was refused. An IRCC officer, after requesting documents to verify the employer's legitimacy, used those same documents to raise a new, undisclosed credibility issue about the applicant's claimed supervisory duties.
Read full case lawLali v. Canada (Citizenship and Immigration), 2026 FC 1245
An Afghan national sponsored under the Group of Five (G5) program was refused permanent residence for lacking a formal Refugee Status Determination (RSD) document. After successfully challenging the initial refusal, the second decision issued by IRCC was nearly a verbatim copy of the first, leading to another judicial review.
Read full case lawA judicial review is a legal process where the Federal Court of Canada examines a decision made by an administrative body, such as Immigration, Refugees and Citizenship Canada (IRCC), to ensure it was lawful, reasonable, and fair. It is not an appeal or a re-trial of your case on its merits. Instead, the court reviews the process by which the decision was made, looking for legal errors in the officer's reasoning.
This is a very common and frustrating situation. Often, the initial refusal letter is just a template summary. The real reasons for the refusal are found in the immigration officer's internal notes, which we call "Rule 9 Reasons". The first step in any judicial review is to obtain these notes from the government. Our legal arguments are built on meticulously analyzing these internal notes to expose flaws in the officer's logic, contradictions, or failures to consider the evidence you provided. A vague refusal letter is often a sign of a weak decision that can be successfully challenged.
The judicial review process is a formal, two-stage procedure:
• Stage 1: The Leave Stage. This is a written, preliminary stage where you must convince a judge that your case has merit. It involves filing an "Application for Leave and for Judicial Review" within strict deadlines (15 days for in-Canada matters, 60 days for overseas). Your lawyer will then prepare and file a detailed legal brief and supporting documents, known as the "Applicant's Record". The government's lawyers from the Department of Justice (DOJ) will respond. A judge decides "on paper" whether to grant leave for a full hearing. There is no appeal if leave is denied.
• Stage 2: The Hearing Stage. If leave is granted, an oral hearing is scheduled. Lawyers for both sides present their arguments to a judge. The judge will later issue a final decision.
This is a critical point. A judicial review is strictly a review of the decision based on the information the officer had at the time; new evidence on the merits of your case is not admissible in the hearing. However, we can and do use affidavits (sworn statements) to introduce new facts relevant to the legal argument, such as confirming a procedural fairness breach. If your personal circumstances have significantly improved, the best strategy might be a new application instead of, or alongside, a judicial review. We can assess the original decision and your new situation to advise on the most effective path forward.
A victory does not mean your visa is automatically approved.
The court will issue an order that "quashes" (sets aside) the original refusal and "remits" (sends back) the application to IRCC to be decided again by a different officer. This new officer is bound by the court's findings and cannot refuse the application for the same flawed reason. While redeterminations are supposed to be prioritized, a positive outcome is not guaranteed; the new officer can still refuse the application on new, valid grounds.
A writ of mandamus is a court order that compels a government body like IRCC to perform its legal duty—in this context, to make a decision on an application that has been subject to unreasonable delay. You are not challenging a refusal, but the failure to make any decision at all. Due to significant backlogs at IRCC, mandamus has become a necessary tool to get a file out of an administrative "black hole".
Mandamus is appropriate when the processing of your application has been delayed for an unreasonably long time. The court will assess "unreasonableness" by considering several factors, including the time that has passed compared to IRCC's official service standards, the complexity of your case, whether IRCC has provided a reasonable justification for the delay (general backlogs are not a sufficient reason), and any prejudice the delay has caused you.
Our strategy is focused on achieving the best outcome for our client in the most efficient way possible. A significant number of judicial review cases are settled with the Department of Justice (DOJ) before a hearing is ever necessary. The key moment is often after we file the "Applicant's Record"—our comprehensive written legal argument. If our arguments clearly show the original decision is indefensible, the DOJ lawyer will often recommend that IRCC consent to setting aside the refusal. Our primary goal is to write such a compelling legal brief that settlement becomes the government's most logical option, saving you the time and stress of a full hearing.
• Legal Fees: This is the most significant expense. Legal fees for a judicial review or mandamus application can vary widely based on the complexity of the case and the representative you hire. We believe in transparency and will provide a clear retainer agreement outlining all potential costs after an initial assessment of your case.
• Disbursements: These costs are low, with the court's filing fee at $50.
• "No Costs" Rule: In immigration matters at the Federal Court, costs are generally not awarded to either party, win or lose, unless there are "special reasons". This is a major benefit as it removes the risk of having to pay the government's legal fees if your application is unsuccessful. However, it also means that even if you win, you will almost certainly not recover your own legal fees.
Only licensed lawyers are permitted to represent clients in Federal Court proceedings; immigration consultants are not authorized to do so. Navigating the court's unforgiving rules and deadlines requires specialized expertise. An experienced immigration lawyer provides several key advantages:
• Honest Case Assessment: Perhaps the most crucial service we provide is an honest assessment of your chances of success. If we believe a judicial review is not in your best interest, we will tell you. Our role is to prevent you from wasting time and financial resources on a case with little prospect of winning, and to guide you toward a better strategic alternative if one exists.
• Strategic Framing: Crafting persuasive legal arguments grounded in the latest case law.
• Negotiation with the DOJ: Effectively negotiating a settlement to resolve the case faster and more efficiently.
A refusal or a long delay is not always the end of the road. With expert legal counsel, a judicial review or mandamus application can be a powerful strategy to ensure your case is decided fairly and in a timely manner.