Overview
Understand the pathway before you act.
Eligibility, timing, evidence and risk should be assessed together before an application or response is prepared.
Federal Court proceedings are specialized and time-sensitive. Judicial review concerns a decision; mandamus concerns an alleged failure to decide or perform a public duty. Neither process guarantees an immigration approval.
Judicial review
An immigration judicial review begins with an application for leave. Under section 72 of the Immigration and Refugee Protection Act, the filing period is generally 15 days for a matter arising in Canada and 60 days for a matter arising outside Canada, measured from notification or awareness of the matter. The exact deadline should be confirmed immediately.
The Court reviews legality, reasonableness and procedural fairness on the record permitted by the rules. If an application succeeds, the usual remedy is to return the matter for reconsideration; the Court does not ordinarily substitute an approval.
Application delays and mandamus
Delay alone does not automatically justify mandamus. The history of the application, ordinary processing context, the applicant’s follow-up, reasons for delay, prejudice and the legal test must be assessed together. A proportionate escalation plan may include status enquiries and other steps before litigation.
Start-Up Visa delays, refusals and mandamus
The Start-Up Visa Program is paused for new applications, while accepted files continue to be processed. Existing applicants may face long processing histories, changed business circumstances, document requests or refusal concerns. The firm’s focus is on Start-Up Visa delays, mandamus, refusals, reconsideration and judicial review—not routine new-program intake.
How Beyond Borders Law can help
- Calculate and protect an applicable Federal Court deadline.
- Review the decision, record and proposed grounds.
- Assess delay history and whether mandamus should be considered.
- Prepare accepted judicial review or mandamus proceedings.
- Advise on Start-Up Visa refusal and delay strategy.
Gather the decision or full application history, proof of notification, complete filed record, correspondence and webform enquiries, processing milestones, status documents and evidence of the practical effect of the delay.
This guide provides general information. An inquiry does not create a lawyer-client relationship. Advice and representation begin only after the firm confirms scope and a retainer is completed.