Published
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. 21(2) and 72 and IRCC’s protected persons instructions checked that day.
Stuck: identity, security screening or an inadmissibility question is usually why. Get your file first.
Refused: no appeal; Federal Court judicial review, 15 days in Canada.
Your protection stays: a refused PR application doesn’t end protected person status by itself. 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 protected person permanent residence application has been waiting far longer than IRCC’s posted time, or has been refused, there are steps you can take. A stalled file can be pushed by finding out what is holding it up and, if the delay is unreasonable, by asking the Federal Court for mandamus. A refusal can’t be appealed, but it can be challenged by judicial review within 15 days.
Lawgical Law Corporation, an immigration law firm in Surrey, Abbotsford and Vancouver, BC, pushes delayed protected person PR applications and challenges refusals in the Federal Court; this guide is by Prabhpreet Kaur Sangha.
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Why these files stall
| Reason | What to do |
|---|---|
| Identity not established | Identity evidence under IRPR s. 178: old documents, a statutory declaration, supporting declarations |
| Security screening | Get the file; respond to any procedural fairness letter in full |
| Possible inadmissibility (s. 21(2)) | Address it directly; consider ministerial relief where it applies |
| A family member’s file | Ask whether the principal can be finalized separately |
Stuck: the steps
- Order your GCMS notes and your CBSA file (getting your immigration file).
- Send a webform or letter asking for a decision.
- If the delay is unreasonable and unexplained: mandamus for a delayed file.
Refused: the steps
- Read the reasons and the notes.
- File for leave and judicial review within 15 days (in Canada).
- Consider whether a new application, or an H&C application, is better: see humanitarian and compassionate applications.
Why this needs a lawyer
One lawyer, one file, every step:
- finding out what’s holding the file;
- answering fairness letters;
- 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 years without ever asking why.
- Answering a fairness letter briefly.
- Missing the 15-day deadline after a refusal.
- Applying for a home-country passport to fix an identity problem.
Frequently asked questions
Will I lose my protected status if refused?
Not by itself. Protection ends only through cessation or vacation.
How long before I can use mandamus?
There’s no fixed number; courts compare the delay with normal times and look at the reasons.
Can my family come while I wait?
Usually not as PRs until you are approved; they can apply within one year after you land.
Can I travel while waiting?
Get advice first; never travel to the country you fled.
What should I do right now?
Order your GCMS notes, then ask IRCC in writing for a decision.
Book a consultation with our immigration lawyers in Surrey, Abbotsford or Vancouver, or online from anywhere.
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Sources (official)
- Immigration and Refugee Protection Act, s. 21(2)
- Immigration and Refugee Protection Act, s. 72
- IRCC: Protected persons – processing applications for permanent residence (eligibility) (modified December 22, 2025)
- IRCC: Check processing times
This article is general information, not legal advice. Every case depends on its own facts.