By Karina Juma, Articling Student
We have been seeing an increase in wait times between the submission of permanent residence (“PR”) applications and applicants receiving a decision on their applications, particularly for applicants from certain countries who are being triaged for the comprehensive security screening process.
One of our clients submitted his PR application under the Provincial Nominee Program (“PNP”) in December 2022. The average processing time for PNP applications posted on Immigration, Refugees and Citizenship Canada (“IRCC”)’s website is 6 months.
Around eight months later after submitting their application, the client was asked to provide additional documents about their past government employment in their country of origin. The client provided the requested documents and they were soon after placed into a comprehensive security check.
The client made multiple efforts to follow-up with the status of their PR application, including submitting webforms and involving their local Member of Parliament to liaise with IRCC on their behalf, but they never received any meaningful explanation about why their application was delayed.
The client retained our office and we submitted a demand letter to IRCC highlighting the significant prejudice the client and their family had suffered from the processing delay.
We advised IRCC in our letter that we would be filing a mandamus application at the Federal Court if no update was provided to the client within a few weeks.
Having received no response from IRCC, we filed an application for leave and for judicial review (“AFLJR”) requesting an order of mandamus compelling IRCC to continue processing the client’s PR application.
After receiving the Rule 9 Reasons – in this case, there were no reasons due to being a mandamus case – the client received a letter from IRCC inviting them to confirm their PR status in the online portal.
After nearly two years of delay, the client and their family could finally move forward with their lives in Canada as permanent residents, thanks to a nudge from our office.
If your immigration application is delayed, contact Heron Law Offices today for a consultation to determine your options.
