Start-Up Visa Delays: What the Federal Court’s Latest Ruling Means for Your Immigration Journey

April 23, 2025
2:38 pm

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Waiting endlessly for your Canadian Start-Up Visa application to move forward? You’re not alone—and now, there’s a way to take action. A recent Federal Court decision in Tousi v. Canada (2025) has brought a wave of hope for thousands of frustrated Start-Up Visa applicants. With processing times stretching beyond 40 months, this ruling gives applicants a legal route to push Immigration, Refugees and Citizenship Canada (IRCC) to act.

Let’s break down what this means for you and how you can respond if your application has been stuck in limbo for years.

What Happened in the Tousi Case?

The Federal Court’s ruling focused on the prolonged delays affecting nearly 38,000 Start-Up Visa applicants. In Tousi v. Canada, the applicant had been waiting for over three years with no final decision. The court concluded that such delays could be challenged through a legal tool called Mandamus.

In plain terms, if IRCC is taking too long and can’t back it up with solid evidence, you can ask the court to force them to act.

Understanding Mandamus: A Powerful Legal Option

If you’ve never he V ard of Mandamus before, here’s a quick summary. It’s a legal process where government authorities are pushed to perform their duties. In immigration cases, this means forcing IRCC to process your application when they’ve taken an unreasonable amount of time.

To qualify, applicants need to show:

They’ve completed all steps and requirements of the Start-Up Visa program.
They’ve contacted IRCC asking for a decision.
IRCC still hasn’t acted within a reasonable period—typically considered anything over 40 months in this context.

And here’s the kicker: IRCC can no longer simply say “security checks are ongoing” without proof. They must give specific reasons if they want to justify delays.

How Courts Judge “Unreasonable Delays”

So, what counts as “unreasonable”?

Courts look at:

How long does it typically take for similar cases
Whether the applicant did anything to cause the delay
If IRCC has a legitimate, evidence-backed reason for the hold-up

In the Tousi case, the judge made it clear: long wait times without detailed explanations don’t cut it. This is a major win for applicants who’ve played by the rules but have been left in the dark.

What Should You Do If Your Start-Up Visa Application Is Delayed?

If you applied between 2020 and 2022 and your file still hasn’t moved, here’s a practical action plan:

Step 1: Review Your File: Make sure you’ve fulfilled every requirement—business milestones, supporting documents, and communication with your designated organization.

Step 2: Document Your Efforts: Keep a record of every follow-up email or request you’ve sent to IRCC. This strengthens your case for Mandamus.
Step 3: Get Legal Guidance: Consult an immigration lawyer to assess if your case qualifies. They can help you file a Mandamus or explore other legal routes.
Step 4: Stay Proactive: Don’t wait for IRCC to get around to your file. If you’ve been waiting 38+ months, it’s time to take control of your application.

What This Means for the Start-Up Visa Program

The Start-Up Visa program is a key pathway for innovative entrepreneurs to gain permanent residence in Canada. But growing backlogs have turned this fast-track program into a waiting game. With this ruling, applicants finally have a tool to challenge the status quo.

The IRCC is under pressure to clean up the backlog and either process files faster or explain, in detail, why they can’t.

That means more power for applicants and less room for bureaucratic delays.

Start-Up Visa Applicants Can Now Demand Timely Action

The Federal Court’s decision in Tousi v. Canada could be a turning point for Start-Up Visa applicants. If you’ve met all the requirements and have been waiting over 40 months, you don’t need to stay silent. Legal action through Mandamus is now a valid and effective option.

Don’t let delay stand in the way of your future in Canada. It’s time to take charge and hold IRCC accountable. Need help reviewing your Start-Up Visa case or exploring legal options? Book a consultation with ImmigCanada’s experts today and take the first step toward a resolution.