A writ of mandamus is a court-order issued by the Federal Court of Canada that compels IRCC (Immigration, Refugees and Citizenship Canada) to act—to make a decision on an immigration application when it has been delayed unreasonably. It does not guarantee that your application will be approved, but it forces IRCC to stop delaying and render a decision.on text goes here

You should consider mandamus when:

• Your immigration, citizenship, PR, study or work permit application has been pending much longer than the IRCC’s published processing times without any meaningful updates.

• You have done everything required on your part (submitted all forms, documents, responded to IRCC requests), so there is no delay caused by you.

• “Case-Specific Inquiries” or other attempts to get IRCC to act have failed.

Mandamus can apply to many types of immigration applications, including:

• Permanent Residence (PR) applications

• Temporary residence applications: work permits, study permits, visitor visas

• Citizenship applications that have exceeded normal processing deadlines

• Sponsorship or family-based immigration situations where IRCC is unreasonably delaying a decision

As long as IRCC has the public duty to decide, you have fulfilled your obligations (filed correct paperwork, responded to requests), and there is no adequate less drastic remedy, mandamus may be possible.

No. The ability to file a writ of mandamus generally does not depend on whether you were inside or outside Canada at the time you applied or when the delay occurred. IRCC’s duty to decide doesn’t disappear because of location. What matters more are whether the application is complete, all required steps have been done, and whether the delay is “unreasonable.”

“Unreasonable delay” in IRCC / immigration context typically means:

• Your application has been pending far beyond what IRCC’s published processing times suggest.

• There has been little or no movement or meaningful communication from IRCC.

• The applicant has done their part (filed everything required, responded to requests).

• The IRCC cannot show a justification for the delay (like backlog, security checks or exceptional circumstances) that is reasonable in the circumstances.

Recent decisions (like Tousi v. Canada, 2025) clarified that you don’t always need to prove “significant prejudice” (harm) caused by the delay—just that the delay is unreasonable, and the other legal factors are met.

Timelines can vary greatly, depending on:

• How far your application is past IRCC’s published processing times

• Whether leave is granted quickly or delayed

• The court’s schedule and whether there are objections or complexity in your file

In many cases, after filing the demand and leave application, IRCC may act within several weeks to a few months. For more complex immigration applications or when there are disputes, the complete process (leave, judicial review hearing, decision) might take several months to over a year.

Costs:

• Legal fees for preparing the demand letter, drafting the leave application, and factum, including evidence gathering.

• Court fees (Federal Court filing, service of documents).

• Possibly cost of obtaining GCMS notes or other documentation.

Risks:

• Mandamus does not guarantee that your application will be approved; IRCC could simply be ordered to issue a decision (which might be a refusal).

• If your case is weak (e.g. missing documentation, cause of delay is partly your fault), the Court may refuse leave or dismiss the application.

• Delay in getting a hearing or additional procedural requirements may extend the timeline.

• Very rarely, if IRCC thinks your arguments are misleading or the case is frivolous, there might be legal costs or adverse court orders (though these are uncommon in mandamus cases).

But in Canadian jurisprudence, filing mandamus does not penalize the applicant simply for seeking to hold IRCC to account.