Immigration Application Delays Vancouver
Immigration Application Delays
Has Your Immigration Application Been Delayed for an Unreasonable Length of Time?
Waiting is a normal part of the immigration process. However, there are circumstances where delays become unreasonable and may justify legal action.
If Immigration, Refugees and Citizenship Canada (IRCC), the Canada Border Services Agency (CBSA), or another immigration authority has failed to make a decision on your application within a reasonable period of time, you may have legal remedies available.
At Szikinger Immigration Law, we assist individuals and families whose immigration applications have been excessively delayed. In appropriate cases, we pursue applications for mandamus in the Federal Court to compel immigration authorities to make a decision.
What Is a Mandamus Application?
Mandamus is a legal remedy available through the Federal Court of Canada.
A mandamus application asks the Court to order a government decision-maker to perform a legal duty that has not been fulfilled. In the immigration context, this most commonly involves compelling immigration authorities to make a decision on an application that has been delayed for an unreasonable period.
A mandamus application does not ask the Court to approve the application. Instead, it seeks an order requiring the responsible authority to make a decision within a specified timeframe.
When May a Delay Be Considered Unreasonable?
There is no fixed period after which a delay automatically becomes unreasonable. Each case must be assessed on its own facts.
Factors that may be relevant include:
- The length of the delay
- Published processing times
- The complexity of the application
- Steps already taken by immigration authorities
- Whether additional information has been requested
- The impact of the delay on the applicant
- Any explanation provided by the government
In some cases, applications remain pending for months or even years with little or no meaningful progress. Where the delay cannot be justified, legal intervention may be appropriate.
Applications Commonly Associated with Delay Issues
We assist clients experiencing delays involving:
- Permanent residence applications
- Citizenship applications
- Family sponsorship applications
- Work permit applications
- Study permit applications
- Humanitarian and Compassionate applications
- Permanent Resident Travel Documents
- Security screening delays
- Background verification delays
- Other immigration matters where a decision has not been made within a reasonable timeframe
Our Approach
Not every delayed application is suitable for mandamus proceedings.
Before recommending litigation, we conduct a detailed review of the file, including processing history, communications with immigration authorities, applicable processing standards, and relevant legal considerations.
Where appropriate, we may first attempt to resolve the matter through written correspondence and strategic advocacy with the responsible government department. In some cases, delays can be resolved without commencing formal litigation.
Where litigation becomes necessary, we provide representation throughout the Federal Court process.
Why Choose Szikinger Immigration Law?
Mandamus applications require a strong understanding of both immigration law and Federal Court procedure. These cases involve careful legal analysis and strategic decision-making.
At Szikinger Immigration Law, we assess each matter individually and provide practical advice regarding the strengths, risks, and potential outcomes of litigation. We understand the significant personal, professional, and financial consequences that prolonged immigration delays can create, and we work diligently to help clients move their cases forward.
When Should You Seek Legal Advice?
You should consider consulting a lawyer if:
- Your application has been pending significantly longer than normal processing times
- Repeated inquiries have not produced meaningful updates
- Important life decisions are being affected by the delay
- You believe your file has stalled
- You are unsure whether the delay may justify legal action
The sooner a delayed file is assessed, the sooner an effective strategy can be developed.
Book a Consultation
If your immigration application has been delayed for an unreasonable period, Szikinger Immigration Law can assess your situation and advise whether a mandamus application or other legal remedy may be available.