Is IRCC Bound by its Published Service Standards?

No. IRCC is not legally bound by its published processing or service standards. However, the Federal Court has confirmed that these timelines can be relevant when determining whether an immigration application has been unreasonably delayed.

In Andrienko v Canada (Citizenship and Immigration), 2026 FC 1054, the Federal Court confirmed that while IRCC's published service standards are not binding, they are a “relevant metric” when assessing whether a delay has become unreasonable, citing Liang v Canada (Minister of Citizenship and Immigration), 2012 FC 758 at para 41 and Saravanabavanathan v Canada (Citizenship and Immigration), 2024 FC 564 at para 30. The Court also addressed two explanations frequently encountered in delayed immigration applications.

First, IRCC cannot simply state that security screening remains pending to justify an inordinate delay. There must be at least some reason or explanation for why the security or other screening has been delayed. Second, describing an application as “non-routine” in the GCMS notes is not, by itself, an explanation for the delay.

Can You Take Action Against an IRCC Processing Delay?

Depending on the circumstances, an applicant experiencing an unreasonable immigration processing delay may seek an order of mandamus from the Federal Court, asking the Court to compel IRCC to process the application. Whether a delay is unreasonable depends on the particular circumstances of the case.

If your Canadian immigration, permanent residence, citizenship, or visa application has been pending significantly beyond IRCC's published processing time, contact our office to discuss whether a mandamus application may be appropriate.