Khalid v MCI 2010 FC 405 Mandamus

The Court found the delay in processing the application unreasonable and granted mandamus: 20 CIC's lack of diligence in the applicants' file is shocking and in direct contradiction with IRPA's objective, set out in its paragraph 3(1)(f), "to support, by means of consistent standards and prompt processing, the attainment of immigration goals established by the Government of Canada" (emphasis mine).21 In addition, as I held in Conille, above, the necessity to conduct security and background checks is no justification for administrative inaction. In the absence of any statutory limits on the length of an investigation, it can serve as a convenient excuse for indefinite delay, which the Court will not accept. In each case, the Court must ask itself whether the facts are such that the administrative delay is reasonable or not. Much of the delay in the case at bar appears to be due to CIC's neglect and is thus unreasonable.