In a recent decision involving a mandamus, Justice Sadrehashemi ordered IRCC to pay $2,500 in costs.
The Applicant, a citizen of Kenya, was sponsored by his mother through the “lonely Canadian” route. The Applicant filed his PR Application in April 2020. In January 2021, IRCC confirmed that the mother met the sponsor eligibility requirements and the application was forwarded to the High Commission in Nairobi for further processing. IRCC requested the Applicant to provide a police certificate, medical exam, and biometrics. The Applicant provided his biometrics four months after the deadline.
In October 2022, the Applicant filed a mandamus application to compel IRCC to make a decision on his PR Application. The Applicant and his other did not receive further instructions from IRCC until June 2023, despite a substantive review taking place on his file in December 2022 and another request for further documents. No explanation was provided for the delay.
The mother sent multiple letters from her medical providers asking for expedited processing and her MP also made multiple calls to IRCC requesting updates on the file. IRCC made few further requests, each of which the Applicant and his mother promptly responded to. The Applicant’s application was finally approved in April 2024.
Justice Sadrehashemi found special reasons existed for costs. Pandemic-related delays are not sufficient justification for the four year delay in processing the application and the Applicant and his mother complied with all requests for information, even if late at times (minor in the context of the four year period).
Furthermore, the Minister did not file any evidence regarding the complexity of processing this type of sponsorship application, and the four year processing time did not appear to have any particular complexities. rather it was a result of lengthy periods of unexplained inaction.
If you need legal advice for filing a Judicial Review – Mandamus application, please contact Heron Law Offices to book a consultation with one of our experienced immigration lawyers.
