CASE CENTRE · IMMIGRATION LITIGATION · MANDAMUS

Dai v. Canada (Citizenship and Immigration)

2026 FC 931 Federal Court July 10, 2026
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In short: Ms. Dai's permanent residence application under the Home Child Care Provider pilot sat undecided for about three and a half years. The Federal Court found the delay unjustified and ordered IRCC to decide it within 60 days.

The Facts

Ms. Dai applied for permanent residence under the Home Child Care Provider pilot on January 1, 2023. By mid-2026 she had been waiting roughly 42 months, and IRCC's own online processing tool still projected about another 39 months, which would have put the total wait past six and a half years. IRCC pointed to new Ministerial Instructions that had changed the framework for the caregiver program, and she asked the Federal Court for mandamus, an order compelling a decision.

What the Court Decided

Justice Battista granted the application and ordered IRCC to make a final decision on the application within 60 days. The Court treated the Ministerial Instructions as an explanation that has to be examined, not an automatic excuse: a delay that results from a change in policy is not necessarily reasonable where it leaves applicants waiting with no clear framework or end point. A processing-time estimate on a website was not a real justification for why this particular file remained undecided.

Does This Affect You?

  • ✓You applied under a caregiver pathway and the application has been pending well beyond published processing times.
  • ✓IRCC attributes the delay to a change in program rules or Ministerial Instructions.
  • ✓You are considering mandamus to compel a decision on a long-delayed permanent residence file.

Key Takeaways

  1. A policy change can explain a delay, but it does not excuse open-ended waiting without a workable process.
  2. The Court looks at whether IRCC's explanation is meaningful for the file, not just whether some explanation was offered.
  3. A successful mandamus order compels a decision within a set time; it does not decide whether the application is approved.

Frequently Asked Questions

What does a mandamus order actually require?
It requires the government to make a decision within a deadline set by the Court, here 60 days. It does not direct what the decision must be.
Does every long wait qualify for mandamus?
No. Each case turns on its facts, including the length of the delay, whether the applicant has done everything required, and whether the government's explanation holds up.