About 20% of our mandamus files are caused by security related delays. While security cases may take longer to be finalized, i find that in many cases, a decision can be issued within 2-4 months of mandamus proceedings being commenced, as IRCC puts pressure on the CBSA and/or CSIS to complete the assessment, which is often held up due to bureaucratic reasons. In addition, in some cases, the file is in fact ready to be finalized, and the mandamus “wakes up” the appropriate agency, which leads to a decision being issued.
That said, some security assessments can take longer and the mandamus file may proceed to a hearing. This requires the Court to find the case meritorious and to set a hearing date. Hearings are typically scheduled within 10-12 months of proceedings being commenced. Please note that in many cases where a hearing is scheduled due to a security related delay, IRCC finalizes the application before the hearing date. In other words, just because a hearing is scheduled, does not mean that the file will make it to a hearing. If a file does make it to a hearing it is important to note that the Federal Court has consistently held that blanket or general reliance on ongoing security checks does not constitute a reasonable justification for mandamus purposes. In plain terms, some degree of particulars for the delay must be provided.
