Immigration and Refugee Law
Reading Time
7 MINUTE READ
Waiting for an immigration decision can put work, study, family plans and travel on hold. Most applications are decided in the ordinary course, but sometimes a file sits far longer than the nature of the process requires. When that happens, Canadian law offers a court remedy called mandamus: an application to the Federal Court asking it to order Immigration, Refugees and Citizenship Canada (IRCC) to make a decision. This guide explains what mandamus is, what it can and cannot do, the leave requirement, the legal tests the Court applies, practical steps and common problems.
Last updated: November 5, 2026
In this article
This short explainer walks through what a mandamus application is, the leave step, the legal tests and practical steps. Prefer to read? The full guide continues below.
Mandamus is a Latin word meaning “we command”. It is a court order that requires a public body to perform a legal duty it has failed to perform. Under section 18(1)(a) of the Federal Courts Act, the Federal Court has exclusive original jurisdiction to issue mandamus against a federal board, commission or other tribunal, which includes IRCC officers. Section 18(3) says this remedy can only be obtained on an application for judicial review under section 18.1.
Section 18.1(3)(a) is the key power: 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”. In immigration delay cases, the act is usually to process and decide the application.
The most important point to understand is that mandamus ordinarily compels a decision, not a particular result. The usual order asks IRCC to complete processing and decide the application, often by a date the Court sets. It does not order IRCC to approve the application.
In Sharafaldin v. Canada (Citizenship and Immigration), 2022 FC 768, at paragraph 40, the Court explained that an order dictating a particular outcome is available only where the facts and law leave the decision-maker no choice and require the matter to be decided in a particular way. That situation is rare. An applicant who obtains mandamus may still receive a refusal, which can then be challenged in its own right.
Mandamus may be worth discussing with a lawyer if you have been waiting on an IRCC application, such as permanent residence, sponsorship, a work or study permit or citizenship, and the wait is much longer than the nature of the process requires, you have provided everything IRCC asked for, and your written requests for a decision have gone unanswered or have not resolved the delay.
Mandamus is not a way to jump the queue or to fix an incomplete application. If documents, medical exams, biometrics or answers to IRCC requests are outstanding, the Court may find that the applicant is responsible for part of the delay.
Immigration judicial reviews have an extra first step. Under section 72(1) of the Immigration and Refugee Protection Act (IRPA), judicial review of any matter under the Act is commenced by making an application for leave (permission) to the Federal Court. A judge decides leave in writing, usually without a hearing (section 72(2)(d)), and there is no appeal from the leave decision (section 72(2)(e)).
Section 72(2)(b) requires the leave application to be filed and served within 15 days for a matter arising in Canada, or 60 days for a matter arising outside Canada, after the applicant is notified of or becomes aware of the matter. A judge may allow more time for special reasons (section 72(2)(c)). How these limits apply to an ongoing delay depends on the facts, so get advice early rather than late.
The Federal Courts Citizenship, Immigration and Refugee Protection Rules set the procedure:
The Federal Court filing fee for this type of application under Tariff A of the Federal Courts Rules is 50 dollars. Under rule 22 of the immigration rules, no costs are awarded to or against any party unless the Court, for special reasons, orders otherwise.
The Federal Court of Appeal set out the conditions for mandamus in Apotex Inc. v. Canada (Attorney General), 1993 CanLII 3004 (FCA), [1994] 1 FC 742, as quoted in Tariq v. Canada (Minister of Citizenship and Immigration), 2005 FC 1620, at paragraph 8. In plain English, the applicant must show that:
Where the duty is discretionary, mandamus cannot compel the discretion to be exercised in a particular way.
For delay specifically, the Federal Court in Conille v. Canada (Minister of Citizenship and Immigration), [1999] 2 FC 33, at paragraph 23, identified three requirements:
Elapsed time alone is not enough. The Court looks at the type of application, what happened on the file, what the applicant did, and any explanation from the government.
Before going to court, options may include a written request to IRCC, a case-specific enquiry through IRCC’s channels, or a request for the notes on your file. If a decision arrives and it is a refusal, a different kind of judicial review may be available, again with short deadlines. Our page on immigration judicial reviews explains that process, and our guide to the PR residency obligation and IAD appeals covers a related immigration remedy. Every situation is different.
Consider getting legal advice when your wait is clearly far longer than normal for the type of application, when you have already asked IRCC for a decision without result, or when you have received a refusal and want to know your options. Pax Law Corporation lawyers have Federal Court decisions published on CanLII, which you can see on our court decisions page. Every case is different, and past results do not guarantee future outcomes.
It is a Federal Court order that requires a federal decision-maker, such as IRCC, to perform a legal duty it has failed to perform, usually to process and decide an application.
Ordinarily, no. Mandamus compels a decision, not a particular result. An order dictating the outcome is available only where the facts and law leave the decision-maker no choice.
Yes. Under section 72(1) of IRPA, judicial review of an immigration matter starts with an application for leave, and a judge decides whether the case can proceed.
The Court applies the Apotex conditions, including a public legal duty owed to the applicant, a clear right to performance, a prior demand and a refusal or unreasonable delay, and no other adequate remedy.
Under Conille, the delay must be longer than the nature of the process requires, the applicant must not be responsible for it, and the government must not have given a satisfactory explanation.
Yes. A prior written request for a decision, and a reasonable time to respond, are part of the Apotex test. Keep copies of every request.
Section 72(2)(b) of IRPA sets 15 days for a matter arising in Canada and 60 days for a matter arising outside Canada. A judge may extend time for special reasons. Ask a lawyer how these apply to your situation.
The applicant generally has 30 days to file the applicant’s record. If the government opposes leave, it has 30 days after that to respond. A judge then decides leave in writing.
The Federal Court filing fee for this type of application under Tariff A of the Federal Courts Rules is 50 dollars. Legal fees are separate.
Under rule 22 of the immigration rules, no costs are awarded to or against any party unless the Court orders otherwise for special reasons.
No. Section 72(2)(e) of IRPA says no appeal lies from the decision on the leave application.
A refusal is a new decision. A different judicial review of that refusal may be available, with its own short deadlines.
If your immigration application has been delayed far longer than normal and you want to understand your options, a lawyer at Pax Law Corporation can review your situation with you.
For more videos on Canadian law: subscribe on YouTube · Instagram @paxlawcorp · TikTok @paxlaw
Disclaimer: This article is general information only, not legal advice. It reflects the Federal Courts Act, the Immigration and Refugee Protection Act and the Federal Courts Citizenship, Immigration and Refugee Protection Rules as of the date above. Rules change and every situation is different. Reading this article does not create a lawyer-client relationship. Speak with a lawyer about your own circumstances before you act.
Many people think they can leave a spouse or child off their permanent residence application and sponsor them later. In many cases, that is not true, and the mistake can last a lifetime. This guide and video explain the rule and its narrow exceptions.
The home buyer rescission period in BC lets most buyers cancel within 3 business days. Learn the rules, the 0.25% cost and how to serve notice.
Many BC condo owners still believe their strata can stop them from renting out their unit. Since November 24, 2022, that is generally no longer true. This guide and video explain the rules, the exceptions and a landlord’s duties.
Book a consultation with Pax Law Corporation and we will explain the options for your matter.
Book a consultationCall 604-767-9529This website provides general legal information only, not legal advice. Booking a consultation does not create a lawyer-client relationship until we confirm in writing. Outcomes cannot be guaranteed.
We use cookies to measure visits and improve this website. Choose whether to allow them.
0 Comments