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 12, 2026: IRCC’s processing-time tool and the Federal Court test for mandamus checked that day.
The fix: a webform, the officer’s notes, a lawyer’s demand letter, then a mandamus application in the Federal Court.
The test: the delay must be longer than the process requires, not caused by you, and without a satisfactory explanation.
Why a lawyer: only a lawyer can bring a mandamus application, and a lawyer’s demand often moves the file. Why a lawyer
The lawyers who review these refusals
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.
When a visitor visa or super visa sits in processing for months past IRCC’s published time, families feel stuck. There’s a path forward. First, check the published processing time and send a webform. Then get the officer’s notes to see where the file stands. If that doesn’t move it, a lawyer’s demand letter tells IRCC that court is next. Finally, a mandamus application asks the Federal Court to order IRCC to decide. The Court asks whether the delay is longer than the process requires, whether you caused it, and whether IRCC has a satisfactory explanation. Many files are decided once an application is filed.
Lawgical Law Corporation, an immigration law firm in Surrey, Abbotsford and Vancouver, BC, pushes delayed visitor and super visa applications to a decision, including mandamus in the Federal Court; this guide is by Prabhpreet Kaur Sangha.
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The steps
- Check the processing time for your country on IRCC’s tool.
- Webform once you’re past it.
- Officer’s notes; see getting the officer’s notes.
- Demand letter from a lawyer, with a deadline.
- Mandamus in the Federal Court.
The mandamus test
Mandamus requires a public duty to act that’s owed to you, a clear right to it, and no adequate alternative remedy (Apotex Inc. v. Canada (Attorney General), [1994] 1 FC 742 (FCA), affirmed [1994] 3 SCR 1100). On delay, the Court asks whether it’s been longer than the process requires on its face, whether you caused it, and whether there’s a satisfactory justification (Conille v. Canada (Minister of Citizenship and Immigration), [1999] 2 FC 33 (TD)).
Why hire a lawyer when a visa is stuck?
One lawyer, one file, every step:
- tracking the file and making the formal demand;
- getting the notes to find the hold-up;
- preparing and filing the mandamus application;
- responding to any request IRCC sends once things move.
IRCC responds to the prospect of court. Only a lawyer can bring the application, and many files move once it’s filed.
Immigration lawyers are members of a provincial law society (in our case, the Law Society of British Columbia), and only a lawyer can take a refusal to the Federal Court. An immigration consultant cannot file or argue it there.
Mistakes I have seen
- Applying again while the first application is pending.
- Waiting a year before asking.
- Missing a request from IRCC because the email went to spam.
Frequently asked questions
How long is too long?
There’s no fixed number; it’s measured against the normal processing time and the reasons for the delay.
Will mandamus get me a visa?
No. It asks the Court to order a decision; IRCC still decides.
What should I do right now?
Note your submission date, check the published processing time, send a webform, and request the officer’s notes.
Book a consultation with our immigration lawyers in Surrey, Abbotsford or Vancouver, or online from anywhere.
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Sources (official)
- IRCC: Check processing times
- Federal Courts Act, ss. 18 and 18.1
- Apotex Inc. v. Canada (Attorney General), [1994] 1 FC 742 (FCA), affirmed [1994] 3 SCR 1100
- Conille v. Canada (Minister of Citizenship and Immigration), [1999] 2 FC 33 (TD)
This article is general information, not legal advice. Every case depends on its own facts.