The Crisis of Delays in Canadian Immigration
Across Canada, families are waiting — waiting for decisions that never seem to arrive, waiting for their loved ones to cross oceans and reunite, waiting for justice that appears to move at the slowest pace possible. The Temporary Resident Visa (TRV) and the Super Visa — two of the most critical immigration pathways for parents, spouses, and siblings of Canadian citizens and permanent residents — have, for many, become symbols of endless bureaucratic delay.
For Canadian families, this isn’t simply an “immigration problem.” It is a humanitarian crisis. Parents miss weddings, grandchildren’s births, and final goodbyes. Spouses are separated for years, raising children alone or struggling with emotional and financial burdens in isolation. Siblings cannot attend each other’s life milestones, business ventures, or moments of crisis. The toll is not only measured in months or years of lost time — but also in irretrievable memories and family bonds strained under unreasonable delay.
This is where the law steps in. Canadian courts have long recognized a principle: justice delayed is justice denied. When a government department such as Immigration, Refugees and Citizenship Canada (IRCC) takes years to process straightforward applications, families are not left without recourse. The legal remedy available is called a writ of mandamus — a powerful judicial order compelling IRCC to make a decision where unreasonable delay has occurred.
At Fateh Law Corporation, we are using this legal tool not just for one client, but for hundreds of families through a mandamus class action. For a flat contribution of C$1,500, affected applicants can join our collective fight in the Federal Court of Canada. Together, we are challenging the culture of delay and pushing IRCC to fulfill its duty to process applications in a reasonable time.
This blog will take you deep into what a mandamus action is, why a class action is the right path for TRV and Super Visa delays, and how Fateh Law Corporation’s experience in litigation gives families the best chance of reclaiming their right to justice.
Why Delays Matter – Stories Behind the Statistics
It is easy to reduce this crisis to numbers. As of 2024, over 2.2 million applications sat in IRCC’s backlog across all categories, with TRV delays averaging 12–24 months and Super Visa processing stretching to 30+ months in many visa offices. But behind these numbers are people — real Canadians and their loved ones who live with the consequences of separation every day.
Parents Waiting in Vain
Consider the case of Harjit, a Canadian citizen living in Surrey, B.C. His mother in Punjab applied for a Super Visa in 2022. Two years later, there is still no decision. During this time, Harjit’s father passed away, and his mother could not attend the funeral of her own husband because she was trapped in a bureaucratic limbo. The family grieved alone, their reunion deferred not by choice, but by the silence of a government office.
Spouses Struggling Alone
Or take the example of Amrit, a permanent resident in Brampton. Her husband’s TRV application has been “under review” for 18 months. During this time, Amrit has had to give birth to their first child alone, navigating postpartum recovery and childcare without her partner’s support. The psychological toll is immense — her health and her marriage strained by a process that has no clear end.
Siblings Locked Out of Life
For Canadian citizens sponsoring siblings for visits, delays are equally cruel. Rohan, a Calgary-based engineer, applied for his sister’s TRV so she could attend his wedding in 2023. The application remains undecided in 2025, long after the wedding has passed. A milestone that should have been a moment of shared family joy became a reminder of separation.
The Broader Impact
These are not isolated tragedies. Across the country, families are living through:
- Missed life milestones: weddings, funerals, graduations.
- Mental health struggles: depression, anxiety, and burnout from prolonged separation.
- Financial consequences: Canadians forced to travel abroad repeatedly because their loved ones cannot visit.
- Children growing up without grandparents: a loss of cultural continuity and family bonding.
Immigration delays are not just a bureaucratic inconvenience — they are an erosion of Canada’s humanitarian promise. The Immigration and Refugee Protection Act (IRPA) enshrines family reunification as one of its core objectives, yet in practice, families are left waiting years while government priorities shift elsewhere.
It is precisely because of this contradiction — between law on paper and reality on the ground — that mandamus litigation is necessary. And when pursued collectively, as a class action, it becomes not just a legal remedy, but a movement for justice.
Understanding a Writ of Mandamus
A writ of mandamus is one of the most important tools available in administrative law. It is a court order that compels a public authority to perform its legal duty when it has unreasonably failed or refused to do so. In the immigration context, that authority is IRCC, and the duty is to process visa applications within a reasonable timeframe.
The Legal Test for Mandamus
Canadian courts apply a multi-part test for mandamus applications. The key elements are:
- A public legal duty exists: IRCC has a legal obligation under the IRPA to process applications fairly and in a reasonable time.
- The applicant has a right to performance of that duty: TRV and Super Visa applicants are entitled to have their files assessed and decided.
- There is a clear delay: Processing has gone far beyond published or reasonable standards.
- No alternative remedy exists: Applicants cannot turn to any other legal pathway to force IRCC to act.
- The order will have practical effect: A court order will compel IRCC to make a decision and end the delay.
In practice, the Federal Court has consistently found that where delays stretch into years without explanation, mandamus is justified.
How Mandamus Works in Immigration
The process generally follows these steps:
- Demand Letter: Counsel writes to IRCC demanding action, usually allowing 30 days.
- Leave Application: If no response, counsel files an application for leave and judicial review at the Federal Court.
- Exchange of Materials: Applicant’s counsel files evidence of delay; DOJ (representing IRCC) responds.
- Settlement or Hearing: Often, once a mandamus application is filed, IRCC processes the file to avoid a hearing. If not, the Court hears arguments.
- Order Granted: If successful, the Court directs IRCC to decide the application within a set timeframe.
Why Mandamus is Effective
The mere filing of a mandamus application often spurs action. DOJ lawyers, facing litigation, typically push IRCC officers to make a decision rather than defend the indefensible. Many families see decisions issued within 60–90 days of filing.
At Fateh Law Corporation, we have seen firsthand how powerful mandamus can be. In case after case, we have filed in Federal Court and within weeks received passport requests or visa approvals that had been stalled for years.
Fateh Law Corporation’s Track Record
With over 11 years of litigation experience, Mr. Navratan Fateh and his team specialize in challenging IRCC in Federal Court. Unlike consultants or general practitioners, our firm is built on litigation. We do not simply “submit” files; we fight them in court.
Case Example: Super Visa Delay Resolved
In October 2024, we filed a demand letter for a client whose parents’ Super Visa had been pending for over 20 months. When IRCC failed to respond, we filed in the Federal Court. By November 6, 2024 — less than a month later — IRCC issued the approval.
Case Example: TRV Stalled for Over a Year
Another client had applied for a spousal TRV in 2023. Despite strong documentation, there was no progress for 14 months. We launched mandamus litigation in early 2025. Within 60 days, the Department of Justice settled the matter, and the visa was approved.
These are not isolated outcomes — they reflect a consistent pattern: litigation gets results.
Why a Class Action Makes Sense
While individual mandamus cases are effective, the scale of delays calls for a collective approach. By joining together in a class action, families gain:
- Lower cost: At only C$1,500, participation is affordable compared to individual Federal Court litigation, which often costs several thousand dollars.
- Strength in numbers: A hundred voices are harder to ignore than one.
- Efficiency: Coordinated filings and shared evidence streamline the process.
- Visibility: A class action sends a strong message that Canadians are no longer willing to accept systemic delays.
The Legal Process in Detail
- Intake & Documentation
Clients provide application details, GCMS notes, and evidence of delay. - Demand Letters
Sent to IRCC with 25–30 days to respond. - Federal Court Filing
If no meaningful action, a joint mandamus application is filed. - Settlement Discussions
DOJ often signals willingness to process files quickly to avoid a ruling. - Hearing & Judgment
If no settlement, the Court hears arguments and issues an order compelling IRCC.
At every stage, Fateh Law Corporation guides clients, ensuring documentation is complete, timelines are respected, and the strongest possible case is presented.
Recent Developments and Legal Context
Mandamus litigation has surged as backlogs worsen. Federal Court judges have repeatedly criticized IRCC for unreasonable delays, especially in family reunification cases.
- In one case, the Court found a four-year delay in PR processing so egregious that IRCC was ordered to pay $2,500 in costs.
- Quebec, in particular, has faced criticism for processing times double or triple the national average.
These precedents show that the judiciary recognizes delays as unlawful and is willing to intervene.
Human, Social, and Policy Dimensions
Beyond law, delays have devastating human consequences:
- Mental health: Families report depression and anxiety at rates far higher than average.
- Economic costs: Canadians spend thousands on repeated travel to maintain contact.
- Children’s development: Missing grandparents during early years affects bonding.
- Erosion of trust: Communities lose faith in Canada’s immigration system.
The irony is that IRCC often justifies delays as “security checks” or “administrative backlogs,” yet in many cases, files sit untouched for months. Mandamus ensures accountability.
Why Act Now & How to Join
Time matters. The longer families wait, the greater the emotional and financial harm. By joining Fateh Law Corporation’s Mandamus Class Action now, families gain:
- Affordable access to justice: Just C$1,500.
- Collective strength: Hundreds of families united.
- Experienced litigation team: Led by a Canadian barrister with 11+ years in Federal Court.
Joining is simple: contact us through www.navratanfateh.com, provide your details, and our team will guide you step by step.
A Call to Justice
The right to family reunification is not a privilege — it is a cornerstone of Canadian immigration law. Yet today, countless families are denied this right by systemic delays and bureaucratic inertia.
Mandamus litigation is not about “jumping the line.” It is about ensuring that the line itself moves. It is about demanding that the government honor its duty to process applications fairly and within reason.
At Fateh Law Corporation, we believe in justice for families. We believe that no parent should miss a grandchild’s birth, no spouse should face life milestones alone, and no sibling should be denied the chance to stand by family in times of joy or sorrow.
By joining our Mandamus Class Action for C$1,500, you are not only fighting for your own family — you are joining a movement to hold IRCC accountable, to reunite families, and to restore faith in Canada’s immigration promise.
📩 Act now. Contact Fateh Law Corporation at www.navratanfateh.com and join hundreds of families demanding justice in the Federal Court of Canada.
Frequently Asked Questions
Q: What is a writ of mandamus?
A: A Federal Court order compelling IRCC to act where unreasonable delay exists.
Q: Will mandamus guarantee approval of my visa?
A: No. Mandamus compels a decision — not necessarily a positive one. But it ends the delay.
Q: Who can join the class action?
A: Families facing delays on TRV or Super Visa applications for parents, spouses, or siblings.
Q: How long does the process take?
A: Many cases resolve within 60–90 days of filing.
Q: Will this hurt my future applications?
A: No. Federal Court litigation is a lawful remedy; many clients have received approvals after mandamus.
