Frequently Asked Questions

In this section, we’ve gathered the most common questions applicants ask when it comes to business immigration to Canada, starting and managing a business, or resolving legal disputes.

If you don’t find the answer you’re looking for, simply fill out the contact form and the Shekarian Law Group team will review your case in detail and provide tailored guidance.

What should I do if my application is delayed?

Maintain a clear timeline of your application, respond promptly to any requests, and ensure that all required steps have been completed. Before considering mandamus, applicants should exhaust reasonable follow-up avenues, including webform inquiries and, where appropriate, an MP inquiry.

If these steps do not result in meaningful progress and the delay continues, a legal assessment can help determine whether mandamus—or another strategy—is appropriate and when to act.

Is mandamus the same as judicial review?

Mandamus is a form of judicial review, but it seeks a specific remedy. Both are brought in the Federal Court under the judicial review framework, but they address different problems.

Judicial review typically challenges an existing decision on the basis of legal error, unreasonableness, or procedural unfairness. Mandamus, by contrast, addresses inaction—where a decision-maker has failed to make a decision within a reasonable time despite a legal duty to do so.

In practical terms, mandamus is used to compel a decision, while judicial review is used to challenge a decision that has already been made.

Will mandamus hurt my application?

It should not. It requests a decision, not special treatment. However, strategy must be handled carefully to avoid inconsistencies or unnecessary risk.

Can I apply for mandamus from outside Canada?

Yes, mandamus is a Federal Court process and can be pursued regardless of where you live, depending on the case facts.

What if IRCC acts after we file?

That can still be a successful outcome. Many mandamus matters resolve after court filing, with the government issuing a decision before a hearing is required.

Do I need GCMS notes?

Not always, but they can help show what stage the file is at and whether there is meaningful activity.

Can mandamus help if my case is stuck in security/background checks?

Sometimes, but these cases are more complex. The strategy depends on the facts and what the record shows.

Do I need to contact IRCC before filing mandamus?

Usually yes. The law expects reasonable follow-up steps first (webforms, MP inquiry, and sometimes GCMS notes).

How long is “too long” to wait before mandamus?

It depends on the program, visa office, background checks, and your timeline. We assess “unreasonable delay” based on the full context—not a single number.

Will mandamus guarantee my approval?

No. Mandamus can compel a decision, but IRCC can still approve or refuse based on the merits.

Shekarian Law PC is a professional corporation licensed by the Law Society of Ontario. We provide strategic legal counsel to founders, investors, and companies building, expanding, and operating in Canada, including cross-border and regulatory matters.