Borderlines Podcast #85 – Security Delays, Study Permits and Mandamus, with Lev Abramovich

Steven MeurrensPodcasts

Lev Abramovich is an immigration lawyer in Toronto.

There has been an increase in security screening in Canadian visa applications for residents of several countries.

Chen v. Canada (Citizenship and Immigration), 2023 FC 885 is the first Federal Court of Canada decision to discuss mandamus in the study permit context. Lev was counsel in this case.

The court ruled that Immigration, Refugees and Citizenship Canada’s delay in processing the application was unreasonable or unexplained. However, the mandamus application failed because the applicant did not demonstrate significant prejudice.

Mandamus applications are actions to the Federal Court of Canada to compel IRCC to conclude the processing of a delayed application.

We also discuss security clearance delays for applicants from Iran and China. The lack of transparency and clarity in the immigration process, particularly regarding security concerns, is a growing issue.