Oftentimes immigration applications like permanent residence applications unreasonable delay can occur and be the reason for applications not being processed. This case is a strong example of that. The Applicant in this case, sent in a permanent residence (PR) application after being invited to apply through the Express Entry – Federal Skilled Worker stream. The Applicant is a citizen of Pakistan named Saqib Javed. His PR application was sent in March 2021 and continuously delayed until 2025 when he brought the application to court. He brought the application to court to obtain a “writ of mandamus“. Said order would compel the Minister of Citizenship and Immigration to come to a swift conclusion regarding his application.
How was the application processed?
Approximately one year after the Applicant submitted his PR application, in May 2022, the Immigration, Refugees and Citizenship Canada (IRCC) reviewed it and promptly transferred it to the Rapid Response Operation Centre. That is where it was then located to be inspected further. Later in July 2022 the application was analyzed for eligibility and then awaited officer review. Upon its review by an officer, the officer noticed that the Applicant’s age between the issuance of the invitation to apply and the submission of the Application had been altered. Said change meant that the Applicants total point score was no longer at the minimum requirement. As a consequence of that alteration the application was sent in to be reviewed further in October 2022. That is where it was stopped due to pending security checks.
Issue regarding the application
Also, in October 2022 the Applicant learned of the issue regarding the age change after he requested his GCMS (Global Case Management System) notes. In an attempt to have this problem fixed, the Applicant asked the IRCC numerous times to “exercise discretion under the public policy”. The IRCC only received these requests as of January 2023. Following that, in August 2024 the application was assessed for eligibility and deemed eligible. This was decided as the officer excused the Applicant from the age requirement through discretion under public policy. The GCMS notes reveal that the Application needs to verify the background checks before it can proceed.
Under what circumstances can the writ of mandamus be issued?
For the writ of mandamus to be given, certain criteria must apply. Those being that “the applicant must show that they are owed a clear right to the performance of a public legal duty to act by a decision maker who has failed to act”. Aswell as “where there has been an unreasonable delay on the part of a decision maker, it may constitute an implied refusal to act”. To determine whether the delay experienced in this case was unreasonable, the factors were taken into account. Those were if the delay was prima facie longer than the nature of the process required, if the applicant bears any responsibility for the delay and if the authority responsible for the delay has provided a satisfactory justification.
What was concluded?
The Applicant stated that it had been 49 months since the submission of his PR application. The standard processing time was six months meaning the time his application has taking has been eight times as long. There was also no indication that the applicant was responsible for the delay. The Respondents’ justification for the delay only attached the GCMS notes which did not provide adequate reason for the delay. Due to the culmination of these factors, the writ of mandamus was issued. The writ of mandamus gives the respondent 90 days to come to a conclusion surrounding the Applicants PR application.
Delays can be difficult to manage when applying for permanent residence and other permits, contact Chaudhary Law Office today to consult a qualified lawyer. This post was composed with the assistance of Eleni yeostros, intern.
