How to Speed Up a Stalled Immigration Application
When waiting is no longer an option – the writ of mandamus
If you have been waiting – and waiting – for a decision on your Canadian immigration or visa application, you are not alone. The immigration system is far from perfect. Lengthy processing times were common even in better years, and a series of extraordinary events – the pandemic, the refugee crisis triggered by the war in Ukraine – has made the problem significantly worse.
Processing times have long exceeded their published averages and continue to grow. Immigration authorities have reported that approximately 1,800,000 immigration and visa applications are currently pending worldwide.
What Can You Do About It?
Canadian law provides a remedy with deep roots in the Anglo-Saxon legal tradition: the writ of mandamus (from the Latin mandamus – "we command"). A writ of mandamus is a formal order from a higher court directing a government body or official to fulfil a legal duty that it was obligated to perform in a timely manner but failed to do so.
In the immigration context, this means that an applicant can seek an order from the Federal Court of Canada compelling immigration authorities to render a decision on a pending immigration or visa case within a reasonable, court-imposed deadline – for example, within one month.
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How Does a Writ of Mandamus Work?
Under established legal practice, the mere fact that an application has been delayed is not, by itself, enough to obtain a writ of mandamus.
A successful mandamus application begins with ensuring that the underlying immigration submission – the full package of forms and supporting documents – is complete, accurate, and up to date. It is equally important to determine exactly at which stage of the review process the application has stalled.
Pre-Court Resolution
It is worth noting that many cases involving excessive processing delays can be resolved before they ever reach a courtroom – even during a pandemic. This makes the process considerably faster and less expensive. When strong arguments in support of a mandamus application are presented correctly, immigration authorities may choose to cooperate with the applicant rather than face a court hearing, offering instead to process the application within a short timeframe.
A Rising Tide of Cases
The body of case law on writs of mandamus has been growing rapidly in recent years. The primary driver is the pandemic, which led to reduced staffing at visa processing centres. At the same time, a significant increase in immigration quotas brought a surge in new applications. Together, these factors caused a sharp rise in processing times and, consequently, a growing wave of legal challenges over delayed cases.
The numbers tell the story clearly. From April 2018 to March 2019, the Federal Court received 123 mandamus applications. Over the same period from 2019 to 2020, the figure was 105. From 2020 to 2021, it rose to 155. And from April to October 2021 alone – just seven months – 237 mandamus applications were filed.
What Courts Have Ordered
In many cases, courts do issue orders compelling immigration authorities to finalize applications within tight deadlines – typically 30 to 60 days. These orders are granted even when the government argues that the delay is caused by a pending security screening conducted by an entirely separate agency. Immigration authorities frequently cite such screenings to explain long processing times, effectively claiming that the visa office itself is not responsible for the holdup and can do nothing about it. Courts have repeatedly rejected this line of reasoning.
One extreme case stands out: a Canadian citizenship application that remained pending for over 20 years. The court not only ordered the application processed but also awarded the applicant an unprecedented $65,000 CAD in damages. When compensation is awarded in mandamus cases – which is rare – the amounts typically do not exceed a few thousand dollars.
If your immigration or visa application has been stuck for longer than the published processing time, there may be a legal path to a resolution. Lawpoint Immigration has over fifteen years of experience with Canadian immigration law, including Federal Court proceedings. We can assess your situation and advise on whether a mandamus application is the right step for your case.