The Canadian flag flying at the Maritime Museum of the Atlantic inHalifax, Nova Scotia
August 25, 2021
Long processing time at high commission unbearable
Jamaica to Canada
Dear Mr Brown:
Q. I am very frustrated by the delay of applications at the high commission. I thought that due process would entail applications being processed within a reasonable time. I was recently refused an application for a permit and I want to re-apply, but the long processing time of four to five months and maybe even longer is unbearable. I want to know your thoughts.
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I understand your frustration regarding embassy delays and operations during the pandemic. Regarding the undue delay of the processing of an application, there is a recent case regarding a permanent residence application under refugee class for which there was a delay of almost five years.
The normal processing time is 21 months for a refugee claim. As such, the applicant in the case sought relief from the Federal Court to expedite the application which has been processing for 57 months.
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Although the family had been told they met all eligibility requirements and even sent to complete their medical exams, they were repeatedly told by immigration officials that the application was being processed but an explanation regarding the nature of the delay was never given.
Their own Member of Parliament made 34 requests to the immigration department for an update on the file between May 2017 and April 2021, but immigration officials only noted it remained under review.
The court ruled that the 57-month wait in the queue was unreasonable and unjustified (even in light of the pandemic) and ordered Immigration, Refugees and Citizenship Canada (IRCC) to render a decision in 30 days and to pay the applicant CAD$1,500 in costs.
The ruling may cause a flood of lawsuits regarding the issue of unreasonable delays. However, the federal government has the right to appeal the decision which could be overturned or amended. The case could go to the highest level, namely the Supreme Court of Canada.
This case is extraordinary in that the Federal Court often analyses decisions that IRCC has already made. In this case, the court rendered a decision for a case that is still being processed. As such, it is attracting attention. Other applicants wonder if they can obtain similar orders. However, it must be highlighted that delays caused by the novel coronavirus pandemic would be distinguished. There are delays affecting virtually all applications in light of office closures, social distancing, and travel restrictions, which differs in context from an undue delay affecting a particular application. It is also important to note that an application for permanent residence and refugee status, in particular, has different standards than an application for a temporary resident permit. Having said that, I would expect the long waits for processing applications to normalise as the conditions of the pandemic improve.
Please visit JAMAICA2CANADA.COM for additional information on Canadian Permanent Residence programmes, including Express Entry, The Study & Work program, Visas or Appeals, etc.
— Antonn Brown, BA, (Hons), LLB, MSc, RCIC, is an immigration counsel and an accredited Canadian education agent of JAMAICA2CANADA.COM—a Canadian immigration & education firm in Kingston. Send questions/comments to documents.jamaica2canada@gmail.com
