On This Page You Will Find:
- An overview of the Federal Court’s Tousi v. Canada (2025) ruling
- What Start-Up Visa applicants need to know about Mandamus
- Criteria used by courts to determine unreasonable IRCC delays
- Legal strategies for compelling IRCC to make decisions
- Practical steps for delayed Start-Up Visa applicants
- A detailed FAQ on IRCC processing delays and the Start-Up Visa program
A recent Federal Court decision, Tousi v. Canada (Citizenship & Immigration), 2025 FC 671, has shed light on the crucial timelines IRCC must adhere to when processing pending Start-Up Visa applications for permanent residence. This decision provides meaningful recourse for many of Canada’s Start-Up Visa applicants and stakeholders in the Start-Up Visa ecosystem who have experienced prolonged delays.
Of the approximately 38,000 applicants (including dependents) who submitted applications dating back to 2020 and 2021, many may now consider judicial action to compel IRCC to finalize their cases.
Key Takeaways from the Tousi Decision
In the Tousi case, the Federal Court clarified the criteria applicants must meet to succeed in an action in Mandamus. Mandamus can compel IRCC to fulfill its obligations where delays in processing are deemed unreasonable. To qualify, applicants must prove the following:
1. Eligibility Criteria for Mandamus:
(i) The applicant has satisfied all requirements for a decision to be made.
(ii) The applicant has made a prior request to IRCC, urging them to make a decision.
(iii) IRCC has either explicitly refused or taken an unreasonably long time to act.
2. Criteria for Unreasonable Delays:
For a delay to be considered excessive, applicants must prove:
(i) The delay exceeds what is reasonable for the nature of the process.
(ii) The applicant is not responsible for the delay.
(iii) IRCC has failed to provide a satisfactory justification for the delay.
The Federal Court ruling emphasizes that IRCC must justify delays, especially when processing times exceed 40 months, which is currently the average timeframe for most applications under Canada’s Start-Up Visa business class.
Why the Tousi Ruling is a Game Changer
IRCC now faces a growing challenge in defending its prolonged delays in processing Start-Up Visa applications. The backlog of applications, many of which date back more than three years, will force IRCC to accelerate its decision-making process or present evidence to justify the delays.
The most recent Report to Parliament on annual immigration levels, tabled in the House of Commons last fall, forecasted a reduction in the annual numbers of new immigrants under the Start-Up Visa program—making it increasingly difficult for IRCC to process pending applications while staying within its planned quotas.
The Tousi decision also reinforces legal precedents established over the past 20 years. Crucially, applicants seeking Mandamus are not required to show prejudice caused by processing delays, shifting the focus solely onto IRCC’s obligation to act within a reasonable timeframe. This ruling rejects IRCC’s frequent assertion that ongoing security background checks justify indefinite delays unless IRCC can provide specific, detailed evidence of security concerns. Without such evidence, the courts are unlikely to accept vague claims of security as valid grounds for delay.
Steps Applicants Should Take Now
For applicants under the Start-Up Visa business class, especially those who submitted applications in 2021 or 2022, now is the time to evaluate their progress and compliance with program requirements. Applicants must ensure they have:
- Fulfilled all obligations under the Start-Up Visa program, including demonstrating measurable advancements in their business ventures.
- Made prior requests to IRCC for a decision.
- Consulted with legal counsel to confirm their eligibility to pursue Mandamus or other legal strategies.
Applicants nearing 40 months of processing or longer, particularly those who have received no recent communication or requests for information from IRCC, would benefit from implementing legal strategies to compel IRCC to finalize their applications. These strategies may include filing actions in Mandamus and presenting evidence of compliance with program criteria.
Judicial Oversight of IRCC Processing Delays
The Tousi case highlights how courts assess processing delays within the broader immigration system. When determining whether IRCC’s delays are unreasonable, courts focus on whether the timeframe surpasses what is typically required for similar applications. In Start-Up Visa cases, security background checks—often cited by IRCC as a reason for delay—will only hold up under scrutiny if IRCC provides detailed justification. Courts have increasingly rejected indefinite delays caused by vague assertions without evidence, creating pressure for IRCC to expedite overdue decisions.
Conclusion
The Tousi decision marks a significant turning point for applicants under Canada’s Start-Up Visa program. With growing backlogs and delays that average 38 to 40 months, IRCC is under mounting pressure to provide satisfactory justification or accelerate the processing of pending applications. For applicants who have met all program requirements, judicial recourse through Mandamus may prove to be an effective strategy.
Affected individuals should act promptly by reviewing their applications, consulting legal counsel, and preparing to exercise their rights under federal law to hold IRCC accountable. With strong legal preparation and adherence to program criteria, Start-Up Visa applicants can effectively challenge unreasonable delays and secure their pathways to permanent residence in Canada.
Frequently Asked Questions
What is the Tousi v. Canada (2025) case and why is it important?
The Tousi case is a 2025 Federal Court ruling that clarified when Start-Up Visa applicants can use Mandamus to compel IRCC to act on delayed applications. The court found IRCC must justify delays—especially if they exceed 40 months—and that general claims like ongoing security checks are not enough without specific evidence. The decision empowers eligible applicants to seek legal action if IRCC is taking too long.
What is Mandamus and how can it help Start-Up Visa applicants?
Mandamus is a legal remedy used to force a government body, such as IRCC, to make a decision when it has delayed unreasonably. For Start-Up Visa applicants, Mandamus can be filed in Federal Court if they’ve met all program requirements, requested a decision, and IRCC still hasn’t acted within a reasonable time. This approach can help break prolonged silence or inaction from immigration authorities.
How does the court determine if an IRCC delay is unreasonable?
The court assesses whether the time taken is longer than usual for similar applications, whether the applicant contributed to the delay, and whether IRCC offered valid reasons. In Start-Up Visa cases, delays of 40 months or more, without specific justification, are increasingly seen as unreasonable. Courts now expect IRCC to provide clear, evidence-based reasons for delays, especially for older applications.
What should Start-Up Visa applicants do if their application is delayed?
Applicants should first check that all program obligations have been met and ensure they have documentation of requests sent to IRCC. If there has been no progress for 38–40 months or more, legal consultation is advised. Filing for Mandamus may be an effective next step, especially for those who submitted applications in 2020–2022 and have received little to no recent communication from IRCC.
Can IRCC use security background checks to justify long delays?
While security checks are part of the process, the Tousi decision confirms that IRCC must provide specific and detailed reasons for delays based on security. General statements like “ongoing background checks” are no longer sufficient. If IRCC cannot produce credible justification, courts may consider the delay unreasonable and order IRCC to make a decision, strengthening applicants’ chances of resolving their case.
