Immigrating to Canada is a long process. Depending on the type of application submitted, it can take anywhere from a few weeks to a few years to receive a decision. Certain applications see initial movement, then find themselves in a vacuous state – not entirely refused, but not accepted either. Cases referred to the Immigration Division (ID) under s. 44(1) of the IRPA often fit in this category.

When is the time between referral to the ID and the admissibility hearing considered too long so as to constitute an abuse of process? This blog will discuss the legal test for undue delay as abuse of process and recent case law where no abuse of process was found despite lengthy delays.