The Temporary Resident Visa (TRV) backlog has been a growing concern for individuals trying to visit, study, or work in Canada. The latest data published by Immigration, Refugees, and Citizenship Canada (IRCC) in August 2024 shows a concerning gap between the current processing capacity and the targets set by the department.
Here’s a breakdown of the backlog data:
- Actual backlog: 71%
- Projected backlog: 43%
- Targeted backlog: 20%
This data highlights a significant issue—Canada’s immigration system is facing severe delays, and the actual backlog far exceeds both the projected and targeted levels. For individuals waiting for their applications to be processed, this can be frustrating, especially when it affects life plans, career opportunities, or family reunifications.
What Does This Mean for Applicants?
For applicants seeking Temporary Resident Visas, these numbers translate into extended waiting periods and uncertainty. Whether you’re applying to visit Canada for business, study, or work purposes, these delays can impact you financially and emotionally. A backlog of 71% means that out of all the applications submitted, a significant majority are still pending, and it’s taking much longer than anticipated to get any decisions.
This level of backlog affects everyone in the process—students trying to start their education in Canada, employers waiting for foreign workers, and families hoping to reunite with their loved ones.
Legal Remedies for Unreasonable Delays
If you’re facing unreasonable delays in processing your TRV application, there are legal options available to help push IRCC to make a decision. At Fateh Law Corporation, we understand how frustrating it can be to deal with these delays, especially when the impact on your life and plans is substantial.
Here’s how we can help:
1.Demand Letter to IRCC
If you’ve been waiting for an unusually long time for a decision, one legal tool we use is sending a demand letter to IRCC. This letter formally requests that the IRCC process your application and issue a decision within a reasonable time. It puts pressure on the immigration department and signals that further legal action may follow if the delay continues.
2. Writ of Mandamus
If a demand letter doesn’t result in action, the next step is filing a writ of mandamus in the Federal Court of Canada. A writ of mandamus is a legal order that compels a government body—in this case, IRCC—to carry out its duties. Filing this writ is a powerful way to pressurize the IRCC to process your application. Once a writ of mandamus is filed, the IRCC must justify the delay to the court. If the delay is found to be unreasonable, the court can order the department to take action and issue a decision.
3.Seeking Costs Against IRCC
In cases where the delays are unjustifiable, applicants may be entitled to seek costs from the IRCC. This means that IRCC could be ordered to compensate the applicant for the delays caused. This is especially relevant in cases where the delays have caused significant financial or emotional distress to the applicant.
How Can Fateh Law Corporation Help?
Navigating through the delays and legal processes with IRCC can be complex. That’s where we come in. Mr. Navratan Fateh, founder of Fateh Law Corporation, has over 11 years of litigation experience specializing in immigration cases and dealing with the Federal Court of Canada. He has successfully represented clients facing wrongful visa refusals and unreasonable delays, helping them obtain justice and secure their visas.
Our firm’s experience in sending demand letters, filing writs of mandamus, and seeking costs for clients facing long delays has allowed us to build a track record of success. We are dedicated to helping you navigate the legal process and ensuring that your rights as an applicant are upheld.
Don’t Let the Delays Hold You Back
If you’ve been stuck in the IRCC backlog and your Temporary Resident Visa application is facing delays, it’s important to know that you have legal options. Contact Fateh Law Corporation today for professional legal advice. Let us help you fight for a timely decision and ensure that your application is not left in limbo.
With over a decade of experience in immigration litigation, Mr. Navratan Fateh can take the necessary steps to pressurize the IRCC to act on your application and, if necessary, seek compensation for the delay. Don’t let bureaucratic delays stand in the way of your plans—reach out to us and take action now!
Fateh Law Corporation
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