Practice area: Litigation & Appeals (Mandamus, AFLJR)
Outcome: Confirmation of Permanent Residence issued the day after DOJ appeared; matter discontinued in Federal Court.
The Background
Our client applied for Permanent Residence under the Canadian Experience Class (CEC) via Express Entry. Then…nothing. For over two years and four months, the file sat without a final decision, even though, at the time we escalated, IRCC’s posted processing time for this stream was about five months.
To protect the client’s status, a work permit was approved to January 2027, after few days of submitting the demand letter to IRCC, but PR remained pending.
Our Litigation Strategy (and Why)
Step 1: Demand Letter (6 May 2025)
We served IRCC with a 30-day demand to act. This satisfies two core elements of the mandamus framework: a clear public duty to act and a demand to perform that duty within a reasonable time.
Step 2: AFLJR Filed (12 June 2025)
With no substantive response by the deadline, we filed an Application for Leave and for Judicial Review (AFLJR) in the Federal Court seeking Mandamus, a Court order compelling IRCC to do what the law requires it to do: decide the application.
Why mandamus? In immigration delays, the Federal Court asks whether the delay is unreasonable and amounts to an implied refusal to act.
The Turnaround
- 29 July 2025: Department of Justice (DOJ) files a NOA.
- 29 July 2025: The client receives an RCMP police certificate request, a strong signal that the file is finally moving.
- 30 July 2025: PR Confirmation letter issued.
- July 30, 2025 (same day): We file a NOD in Federal Court. The goal of litigation, getting a decision, was achieved.
From DOJ’s first step in court to PR approval: ~24 hours.
Key Legal Takeaways
- Mandamus is real leverage. It’s a discretionary, equitable remedy used to compel a public authority to perform a public legal duty here, deciding a PR file stalled for an unreasonable time.
- Unreasonable delay can become an implied refusal. Courts have recognized that prolonged inactivity, especially where the applicant has done all that’s required, can justify mandamus.
- Process matters. Properly sequencing a demand letter, then an AFLJR under, keeps the file litigation-ready and satisfies the Court’s expectations about exhausting administrative avenues and making a timely demand.
What This Means for Applicants
If your CEC (or other PR) application has significantly exceeded posted timelines, and you’ve responded to all requests, passed medicals, and there’s no admissibility red flag, a structured escalation can help:
- Demand Letter: Put IRCC on notice with a clear, reasonable deadline.
- AFLJR for Mandamus: If the deadline passes with no action, seek leave for judicial review and request mandamus to compel a decision.
- Maintain Status: Keep extensions (e.g., work permits) current while the court process runs.
While results vary with the facts, mandamus often catalyses movement, just as it did here.
Timeline Recap
- May 6, 2025: Demand letter to IRCC (30-day deadline).
- June 12, 2025: AFLJR filed (Mandamus sought).
- July 29, 2025: DOJ Notice of Appearance; same day, RCMP certificate request issued.
- July 30, 2025: PR Confirmation letter issued; Notice of Discontinuance filed.
What This Client Said
Thinking About Mandamus?
We can quickly assess whether your delay meets the mandamus threshold and map the fastest-credible route to a decision, often starting with a demand letter and, if needed, moving to Federal Court.
