Maple News reports that the Canadian Federal Court has issued a writ of mandamus, compelling Immigration, Refugees and Citizenship Canada (IRCC) to make a decision on a long-delayed study permit application. The applicant, who submitted her application on July 13, 2022, experienced a delay of more than 15 months, with the file stalled during background checks.
The applicant was accepted into a PhD program in mechanical and industrial engineering at the University of Toronto, originally scheduled to begin in fall 2022. However, the prolonged delay forced her to defer her admission multiple times. Meanwhile, her husband, who was already in Canada as a student, had been separated from her for over nine months — an emotional and psychological strain she detailed in court.
A writ of mandamus is a legal remedy used in immigration cases where applications remain unreasonably delayed without adequate justification. Courts only grant this remedy if the delay is found to be excessive and unjustified, and if all other avenues have been exhausted. In this case, the judge found that IRCC’s handling of the application went well beyond acceptable timeframes, exceeding standard processing times sevenfold.
IRCC’s response provided to the applicant cited “standard background checks” as the cause of the delay, offering no clear resolution date. After months of uncertainty, the applicant sought judicial review and filed for a writ of mandamus. The court ruled in her favor, concluding there was no complexity in the case that warranted such a delay, nor had the applicant contributed to the holdup.
Highlighting the adverse impacts on her personal life and career, the court strongly criticized IRCC’s delay and ordered that the application be processed within 30 days.
This case underscores the growing concern over application backlogs within Canada’s immigration framework, particularly for international students who face time-sensitive deadlines linked to academic enrollment and relocation.
Applicants facing similar delays are advised to first pursue communication with IRCC, request case updates via a webform, or contact their local Member of Parliament. If delays continue without explanation, pursuing a judicial review and writ of mandamus may be an option — though currently recommended only as a last resort.
Maple News will continue monitoring developments related to study permit delays and legal remedies impacting international students in Canada.