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Prabhpreet Kaur Sangha is a lawyer at Lawgical Law Corporation, called to the BC bar in 2019, and a member of the Law Society of British Columbia.
Updated November 13, 2026: IRPA ss. 42.1 and 72, and CBSA’s ministerial relief guide checked that day.
Stuck: applications are processed by year received and CBSA does not offer a timeline. A file with no movement can sometimes be pushed with mandamus.
Refused: no appeal; Federal Court judicial review, usually within 15 days in Canada.
Meanwhile: your other application is usually on hold. Why a lawyer
Our immigration lawyers
Sundeep S. GrewalBarrister and Solicitor
Prabhpreet Kaur SanghaBarrister and Solicitor
Pardeep S. GrewalBarrister and SolicitorAbout our lawyers
Sundeep S. Grewal founded Lawgical Law Corporation and argues immigration cases at the Immigration and Refugee Board and the Federal Court of Canada.
Prabhpreet Kaur Sangha focuses on refugee claims, immigration appeals, inadmissibility, detention reviews and Federal Court cases, and has presented at Continuing Legal Education seminars and the National Immigration Conference.
Pardeep S. Grewal is an immigration and estates lawyer known for clear communication and practical strategy.
If your ministerial relief application has been waiting for years, or has been refused, you have options. A delayed file can be pushed, first by asking for a decision and then, if the delay is unreasonable, by asking the Federal Court for mandamus, an order requiring a decision. A refusal can’t be appealed, but it can be challenged by judicial review in the Federal Court within the deadline.
Lawgical Law Corporation, an immigration law firm in Surrey, Abbotsford and Vancouver, BC, pushes delayed ministerial relief files, including by mandamus, and challenges refusals in the Federal Court; this guide is by Prabhpreet Kaur Sangha.
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Why these files take so long
Complete applications are processed by year of receipt, CBSA prepares a recommendation, discloses it to you for a response, and only then does the Minister personally decide. CBSA does not offer a timeline.
Stuck: what you can do
| Step | What it does |
|---|---|
| Get your file | Shows where it is and what’s been done; see getting your CBSA file |
| Written request for a decision | Puts the delay on the record and sets a reasonable deadline |
| Mandamus in the Federal Court | Asks the court to order a decision when the delay is unreasonable and unexplained; see mandamus for a delayed file |
Refused: what you can do
- Read the reasons and CBSA’s recommendation closely.
- Judicial review: leave must be sought within 15 days of the decision in Canada (60 days outside).
- Check whether a new application with new evidence makes more sense.
What happens to your other application
An IRCC application that depends on the relief is usually held until the Minister decides. Keep your address and contact details current with both CBSA and IRCC.
Why this needs a lawyer
One lawyer, one file, every step:
- finding out where the file stands;
- the written demand for a decision;
- mandamus applications;
- Federal Court review of a refusal.
Mandamus and judicial review are Federal Court proceedings; only a lawyer can represent you there.
Immigration lawyers are members of a provincial law society (in our case, the Law Society of British Columbia), and only a lawyer can represent you in the Federal Court if a refusal has to be challenged there. An immigration consultant cannot appear in that court for you.
Mistakes I have seen
- Waiting without ever asking for a decision.
- Filing mandamus too early, before the delay is clearly unreasonable.
- Missing the 15-day deadline after a refusal.
- Not answering the disclosed recommendation.
Frequently asked questions
How long is too long?
There’s no fixed number; courts look at the normal time for this kind of file and the reasons for the delay.
Can the Minister refuse just because it took long?
No. A decision must deal with the merits.
Can I reapply after a refusal?
Yes, with new information, but consider judicial review first.
Will a refusal lead to removal?
Possibly, if you are in Canada with a removal order; get advice right away.
What should I do right now?
Get your file, then send a written request for a decision before considering court.
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Sources (official)
- Immigration and Refugee Protection Act, s. 42.1
- CBSA: Guide to applying for ministerial relief (modified November 28, 2023)
- Immigration and Refugee Protection Act, s. 72
This article is general information, not legal advice. Every case depends on its own facts.