For anyone who wants to immigrate to Canada, usually has to wait for an indefinite period until their permanent residency application is reviewed and decided upon. The waiting period could drag on for months or in some cases, even years.
An applicant can speed up this process by following a couple of methods. For one, he or she can submit an application that is organized and accurately filled. The second method is asking for legal advice to recognize and deal with any issue that might pop up. Once the submission is successful, an applicant, agent, or lawyer can fetch inquiries to Immigration, Refugees, and Citizenship Canada (IRCC) and various government agencies.
Two such cases appear to be quite complex, but in reality, they contemplate simpler affairs. Ms. Ghufran Al Muhtadi and Mr. Abdulrhman Taskia are two applicants who were born in Syria and identify as Syrian citizens. Both of them moved to Saudi Arabia separately, got married to each other later, and resided there without becoming Saudi Arabian citizens.
2015 had been rough on Mr.Taskia as he suffered major financial problems. He was dependent entirely on his financial status in Saudi Arabia. This made the couple insecure about their liability to stay there. They could not go back to Syria since the government persecution in the country.
In 2016, both Mr. Taskia and his wife arrived in Canada to look for refugee protection. Later in the same year, the Refugee Protection Division (RPD) confirmed their status. A couple of days after this the couple decided and applied for a permanent residency in Canada.
Two years later in May 2018, the couple received instructions for their medical examination for applying for a PR in Canada. They completed all the medical procedures in the same month. Yet the Canadian authorities did not give any further updates after the submission nor did they explain what was causing the delay.
During May 2017 and April 2021, the couple sent for two inquiries on their file, but in vain. In February 2020, the couple sought a judicial review of their application. They pleaded with the Federal court to intervene and direct IRCC to decide upon their application within a week. In addition, they asked for solicitor-client costs from IRCC which amount to $7,500.
IRCC revealed during the pre-trial procedures that the reason that had been holding the couple’s application was the security review for Mr. Taskia. According to the couple, they have family members in the Muslim Brotherhood who are associated with a radical Islamist group for which they were put at risk of Syrian government persecution.
In the end, the narrowed down question was whether the delay was justiciable or not. The court analyzed the case determining other factors.
IRCC stated that the delay had been because of the ongoing pandemic and the thorough security check that they followed. It also pointed out that security review depends on a different organization known as the CSIS (Canadian Security Intelligence Service). On the other hand, the applicants claimed distress and anxiety and the lack of decision posed.
In the final analysis by the court, it decided that the delay from IRCC’s side was unacceptable. In lieu of which the court issued a judgment requiring IRCC to issue its decision in 30 days. IRCC was also ordered $ 1,500 in costs to the applicants by the Federal court.
Indeed this particular case is peculiar and yet striking. The Federal Court has always played a major role in analyzing all the decisions that IRCC makes. It is the court that reviews a decision and commands to cancel or re-analyze them. However, in this situation, the court considered and acted even before IRCC could make a decision.
This decision brought in great waves of excitement and attention. The court claimed that ordering IRCC to process an application within a time frame was itself “extraordinary.”
Just like the Taskia couple, others are also considering adapting to a similar order. Given that, understandably, each case is different. The court will adhere to a different ruling that goes with the situation.
The Federal government has the right to carry this decision to the Federal Court of Appeal. It can also be argued that ordering IRCC to process an application within a specific time frame while the department lacks full security information, poses a significant threat. Although the Federal Court of Appeal, which is higher in the hierarchy than the federal court, can alter or overturn the Federal court’s ruling.
To sum up, the case could eventually go up to the Supreme Court of Canada. We can only learn about this in the due course of time.
