Federal Court Ruling: Impact of Start-Up Visa Delays on Immigration

Empowering Change for Canadian Start-Up Visa Applicants: A New Legal Path

If you’ve been anxiously awaiting a response to your Canadian Start-Up Visa application, you’re not alone. With processing times extending to an astounding 40 months, recent developments offer a glimmer of hope for the thousands of frustrated applicants. The Federal Court’s ruling in the case of Tousi v. Canada (2025) provides an essential legal avenue to compel Immigration, Refugees and Citizenship Canada (IRCC) to act on delayed applications.

Key Takeaways from the Tousi Case

The crux of the Tousi ruling revolves around the significant backlog affecting approximately 38,000 Start-Up Visa applications. The plaintiff had been left in limbo for over three years without a final decision. The court’s verdict introduced the legal tool of Mandamus, which allows applicants to challenge undue delays. Simply put, if IRCC does not provide satisfactory reasons for the hold-up, applicants can petition the court to mandate that the IRCC process their applications.

Understanding Mandamus: A Game-Changer

For those unfamiliar with Mandamus, it’s a powerful legal mechanism that compels government bodies to fulfill their duties. In the immigration context, this means ensuring that the IRCC processes applications in a timely manner. To successfully invoke Mandamus, applicants must demonstrate that they have:

1. Completed all necessary steps for the Start-Up Visa program.
2. Made efforts to communicate with the IRCC regarding their application.
3. Encountered an unreasonable delay—typically defined as exceeding 40 months.

The court emphasized that IRCC cannot simply cite “ongoing security checks” without substantiating their claims with concrete evidence. This ruling holds the IRCC accountable and could significantly streamline processing times for applicants who have been left waiting.

What Constitutes an “Unreasonable Delay”?

In determining what qualifies as unreasonable, courts consider several factors:

• Average processing times for similar applications.
• Any actions by the applicant that might have contributed to the delay.
• The legitimacy of the IRCC’s reasons for the delay, supported by evidence.

The judge in the Tousi case made it clear that vague statements about wait times are insufficient, marking a significant victory for those who have adhered to the application process.

Steps for Stuck Applicants

For Start-Up Visa applicants who submitted their applications between 2020 and 2022 and find themselves in a prolonged waiting period, here’s a proactive approach:

1. Review Your Application: Ensure all requirements are fulfilled and documents are in order.
2. Document Communication: Maintain a comprehensive record of all correspondence with the IRCC to strengthen your case.
3. Seek Legal Advice: Consult with an immigration lawyer to evaluate your situation and explore the possibility of filing a Mandamus application.
4. Be Proactive: If your wait has exceeded 38 months, take control of your situation rather than waiting for IRCC to take action.

The Ripple Effect on the Start-Up Visa Program

The Start-Up Visa program is a critical pathway for innovative entrepreneurs seeking permanent residency in Canada. However, the burgeoning backlog has transformed this once-rapid program into a frustrating waiting game. The Tousi ruling empowers applicants to challenge the status quo, placing pressure on the IRCC to expedite processing or provide justifiable explanations for delays.

In essence, this landmark decision not only enhances the rights of applicants but also underscores the need for the IRCC to address and rectify its processing inefficiencies. With newfound legal tools at their disposal, Start-Up Visa applicants can now demand timely action and accountability from the IRCC, marking a pivotal moment for those aspiring to contribute to Canada’s entrepreneurial landscape.

Stay informed, take action, and don’t let bureaucratic hurdles hinder your path to success.

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