Mandamus Applications

Mandamus Applications for IRCC Delays

When you have done everything you are supposed to do – filed a complete application, paid the fees, responded to every request – and you are still stuck in silence, the wait can feel endless. Months (or years) go by, status checks show no movement, and your life plans remain on hold.

In some situations, Canadian law gives you a way to push back: a mandamus application in the Federal Court.

What Is a Mandamus Application?

A mandamus application asks the Federal Court of Canada to order Immigration, Refugees and Citizenship Canada (IRCC) to do something it is legally required to do: make a decision on your application.

Mandamus does not force IRCC to approve your file. Instead, it asks a judge to say, in effect:

“IRCC must stop sitting on this application and make a decision within a reasonable time.”

If the Court agrees that the delay is unlawful, it can issue an order requiring IRCC to move your file and finalize it within a specific timeline.

When Can Mandamus Help?

Not every slow file qualifies. The key question is whether the delay has become unreasonable.

In a typical immigration mandamus case, you would expect to show that:

  • Your application has been in process far longer than IRCC’s own posted processing time, or longer than is usual for similar files.

  • You have submitted all required forms, documents, biometrics, medicals and fees.

  • You have followed up with IRCC (webforms, calls, MP inquiry) and still received no meaningful progress.

  • There is no clear, lawful explanation for the continued delay (for example, security or background checks that are taking an extraordinarily long time with no updates).

For example, if IRCC advertises a 12-month processing time and your straightforward sponsorship, PR, citizenship, or work permit application has been dormant for two or three years without explanation, that may be the sort of situation where mandamus becomes worth considering.

How a Mandamus File Usually Proceeds

At Elliott Law Professional Corporation, a mandamus file typically moves through the following stages:

  1. File Review and Opinion
    We review your full immigration history, IRCC notes (if available), timelines, and communications. We assess whether a mandamus application is realistically available and strategically wise in your circumstances.

  2. Pre-Litigation Demand to IRCC / DOJ
    If we determine mandamus is appropriate, we usually start by sending a formal demand letter to IRCC and the Department of Justice (DOJ).

    • We set out the history of your file.

    • We explain why the delay is now unreasonable in law.

    • We request that IRCC finalize the application within a clearly defined timeframe.

  3. Waiting Period and Early Resolution
    Sometimes, the demand letter alone is enough. Once the government is on notice that a mandamus application is being prepared, files are often moved to the front of the line and decided without the need to actually proceed in court.

  4. Filing in Federal Court
    If nothing changes, we file a Notice of Application in the Federal Court. This step starts the formal litigation. You are not suing for money; you are asking for a court order requiring IRCC to perform its duty and decide.

  5. Service and Negotiation
    The Department of Justice is served with the court documents. In many cases, DOJ counsel will reach out within a set period to discuss options for resolving the delay. Frequently, the government will agree to process the application within an agreed timeline, and the court file can be discontinued after compliance.

  6. Proceeding to a Hearing (If Necessary)
    If the matter does not settle, the case can proceed to a hearing. If the judge is satisfied that all legal criteria for mandamus are met, the Court will order IRCC to make a decision within a set timeframe.

Most immigration mandamus files settle before a full hearing. However, we prepare each case on the assumption that it may need to be argued in court.

What Does the Federal Court Consider?

  • IRCC has a clear legal duty to process and decide the type of application you submitted.

  • That duty is owed specifically to you as the applicant.

  • You have done everything you are required to do (complete application, documents, fees, responses).

  • You have asked IRCC to act and given them a reasonable chance to do so.

  • The delay has become so long and so unjustified that it is no longer reasonable in the circumstances.

  • There is no other adequate remedy available to you (for example, another internal process that would realistically fix the problem).

How Elliott Law Professional Corporation Can Help

Mandamus applications sit at the intersection of immigration law and Federal Court litigation. At ELPC, we:

Review your immigration file to determine whether mandamus is realistically available and advisable.

  • Review your immigration file to determine whether mandamus is realistically available and advisable.

  • Develop a litigation strategy tailored to your facts and your broader immigration goals.

  • Prepare detailed demand letters, Federal Court filings, and supporting evidence.

  • Negotiate with Department of Justice counsel where appropriate.

  • Represent you before the Federal Court if a hearing is required.

Choose Mandamus to Get Results

When an immigration file drags on for months or years with no explanation, most applicants feel they have no options. In reality, the law gives you a mechanism to stand up for your rights and demand movement: a mandamus application in Federal Court.

Mandamus isn’t about jumping the queue or asking for special treatment. It’s about insisting that IRCC do what the law already requires—make a decision. And in practice, that pressure works. In fact, many delays are resolved as soon as the government sees that a mandamus case is being prepared. Simply showing that you are willing to defend your rights often gets IRCC’s attention, without ever needing a full court hearing.

Applicants choose mandamus because it:

  • Signals to IRCC that the delay has become unacceptable and legally actionable

  • Converts informal follow-ups into a structured legal process with real timelines

  • Often leads to a decision at the pre-litigation or early litigation stage

  • Protects families, careers, and status from the consequences of prolonged silence

  • Resolves delays without compromising the integrity of the immigration system

When used strategically, mandamus is one of the most effective tools for clearing stalled applications and getting results—because IRCC is far less likely to ignore a file once the Federal Court is involved.