Mandamus

Mandamus is a court order that compels a public official or government body to perform a legal duty it has failed or unreasonably delayed to perform. In Canadian immigration law, the Federal Court can issue mandamus requiring Immigration, Refugees and Citizenship Canada (IRCC) to decide an application, but it cannot order IRCC to approve it.

Contents: Legal basis · The eight requirements · Unreasonable delay and security screening · How the process works · Related terms · FAQ

Legal basis

Mandamus is one of the remedies the Federal Courts Act places within the Federal Court’s jurisdiction over federal boards, commissions and other tribunals (s. 18(1)). These remedies are obtained by an application for judicial review under section 18.1 (s. 18(3)). On judicial review, the Court may order a federal decision-maker “to do any act or thing it has unlawfully failed or refused to do or has unreasonably delayed in doing” (s. 18.1(3)(a)).

For immigration matters, the application starts with a request for leave (permission) to the Federal Court under section 72(1) of the Immigration and Refugee Protection Act.

The eight requirements (the Apotex test)

The leading test comes from Apotex Inc. v. Canada (Attorney General), [1994] 1 FC 742 (FCA), at pp. 766–769, restated by the Federal Court of Appeal in Benison v. Canada (Royal Canadian Mounted Police External Review Committee), 2026 FCA 53, at para. 16. The applicant must show:

1. a public legal duty to act;
2. the duty is owed to the applicant;
3. a clear right to performance — all conditions precedent are met, there was a prior demand, a reasonable time to comply, and an express or implied refusal (for example, by unreasonable delay);
4. if the duty is discretionary, additional criteria are met;
5. no other adequate remedy is available;
6. the order would have practical value or effect;
7. there is no equitable bar to relief; and
8. the balance of convenience favours the order.

Mandamus can require that a decision be made, but it cannot dictate how a discretion is exercised or what result is reached (A.B.C.D. v. Canada (Citizenship and Immigration), 2025 FC 1296, para. 76).

Unreasonable delay and security screening

Most immigration mandamus cases concern delay. The Court looks at whether the delay is longer than the process requires, whether the applicant caused it, and whether IRCC has given a satisfactory explanation. A general reference to backlog or security checks is often not enough on its own.

In Jahantigh v. Canada (Citizenship and Immigration), 2023 FC 1253 — a case in which Dr. Samin Mortazavi of Pax Law Corporation was counsel for the applicant — the Court held that “simply referring to a security review cannot justify any delay, regardless of its length or necessity,” and that the Minister does not have “carte blanche” (para. 19). Rather than deciding the request on that record, the Court ordered IRCC to report on the application’s status every 30 days and remained seized of the matter (para. 29 and Order).

Past results do not guarantee a similar outcome; every case depends on its own facts.

For a fuller discussion, see our article Is the IRCC backlog a legal excuse?

How the process works

• Check the file: compare the time your application has been pending with IRCC’s published estimate, and get your file notes.
• Respond to every request: delay you cause is not counted against IRCC.
• Send a written demand for a decision and keep proof of it.
• Apply for leave and judicial review in the Federal Court, then perfect the application with a record within the rules’ deadlines.
• If IRCC decides first, the request usually becomes moot; costs are awarded in immigration cases only for special reasons.

Read our step-by-step guide on how to get a mandamus order in the Federal Court and our article on legal costs in mandamus cases.

Related terms

• Judicial review — the Federal Court procedure through which mandamus is sought.
• Leave — the Court’s permission required before an immigration judicial review can proceed.
• Mootness — when the requested decision is made before the hearing, so there is nothing left to compel.
• Humanitarian and Compassionate (H&C) — an application type that can also face long processing delays.

Frequently Asked Questions

What is mandamus in simple terms?

It is a court order requiring a government decision-maker to do what the law requires of it — in immigration, usually to make a decision on an application.

Can mandamus force IRCC to approve my application?

No. It can require IRCC to make a decision or complete a step, but it cannot dictate the result.

Which court issues mandamus against IRCC?

The Federal Court of Canada, on an application for leave and judicial review.

Do I need to ask IRCC for a decision first?

Yes. The test requires a prior demand, a reasonable time to comply, and a refusal, which can be implied by unreasonable delay.

Is a security check a valid reason for a long delay?

It can be, if IRCC explains it with evidence. The Federal Court has said that simply referring to a security review cannot justify any delay regardless of its length.

What happens if IRCC decides before the hearing?

The mandamus request usually becomes moot. The Court may still consider costs if there are special reasons.

Book a consultation

Immigration and refugee consultations are held online or by phone through our Vancouver office: Book in Vancouver (+1 604-767-9529). Toronto office: Book in Toronto (+1 416-447-4862).

This entry is for general information only and is not legal advice. For advice about your situation, please book a consultation with a lawyer.