Canadian Court Orders IRCC to Decide on Delayed Temporary Resident Visa Application in 30 days

In a recent judgment, the Federal Court of Canada addressed a significant issue affecting many applicants for temporary resident visas (TRVs) in the case of Masoud Alinejad v The Minister of Citizenship and Immigration (2024 FC 1994).

Background of the Case

Masoud Alinejad, a citizen of Iran, applied for a TRV in May 2022 to visit his wife and children residing in Canada. Despite submitting his passport in October 2022, Immigration, Refugees and Citizenship Canada (IRCC) had not made a decision on his application by the time of the judicial review in January 2024.

Preliminary Issues and Evidence

The case highlighted discrepancies between different sets of Global Case Management System (GCMS) notes provided by the Respondent. The Court accepted the explanations for these discrepancies but rejected a third set of GCMS notes submitted just before the hearing due to the lack of an accompanying affidavit, as required by the Federal Courts Citizenship, Immigration and Refugee Protection Rules.

Unreasonable Delay and Procedural Fairness

The Applicant argued that the delay in processing his TRV application breached procedural fairness and sought a writ of mandamus to compel IRCC to process his application. The Court found the delay unreasonable, exceeding the expected processing time significantly. Even if the processing time was 97 days as claimed by IRCC, the actual delay was well over a year.

The Court emphasized that simply stating ongoing background or security screenings is not an adequate explanation for such delays, citing cases like Almuhtadi v Canada (Citizenship and Immigration) and Bidgoly v Canada (Citizenship and Immigration).

Significant Prejudice

The Applicant demonstrated significant prejudice due to the delay, including his spouse's high-risk pregnancy, gestational diabetes, and subsequent postpartum depression. These health issues made it stressful for her to raise their young children alone in Canada.

Judgment and Implications

The Federal Court granted the application for judicial review and ordered IRCC to render a decision on the Applicant’s TRV application within 30 days of the judgment.

Unreasonable Delay: Delays exceeding expected processing times without satisfactory justification can be deemed unreasonable.

Procedural Fairness: Applicants must be treated fairly, and delays that breach this principle can lead to judicial intervention.

Significant Prejudice: Applicants must demonstrate how the delay has significantly prejudiced them, such as through health issues or family hardship.

Mandamus: The Court may issue a writ of mandamus to compel IRCC to process an application if all conditions are met, including a public legal duty to act, a clear right to performance, and no other adequate remedy available.

This case underscores the importance of timely and fair processing of immigration applications. It serves as a reminder to IRCC to provide clear and satisfactory explanations for delays and to applicants to document any significant prejudice caused by such delays. For Canadian immigration lawyers, this judgment highlights the need to closely monitor application processing times and to be prepared to seek judicial review when necessary.

About the Author:

Handoo & Assoc. are Canadian immigration Practitioners with extensive experience in handling various immigration cases, including temporary resident visa applications, appeals and request for reconsiderations. This article is part of our ongoing series to keep you updated on the latest developments in Canadian immigration law.