August 10, 2026 by FH&P Lawyers
Waiting Too Long for an Immigration Decision? Dai v. Canada Says IRCC Silence May Not Be Enough
Dai v. Canada (Citizenship and Immigration), 2026 FC 931
Decision date: July 10, 2026
Read the decision on CanLII: Dai v. Canada, 2026 FC 931
Immigration delays are frustrating, stressful, and often deeply disruptive. For many applicants in Kelowna, the Okanagan, and across British Columbia, the hardest part is not simply waiting — it is waiting with no clear explanation.
A recent Federal Court decision, Dai v. Canada, is an important reminder that IRCC cannot always justify long delays with vague references to internal processing, policy changes, or silence.
What Happened in Dai?
The applicant in Dai had applied for permanent residence under Canada’s Home Child Care Provider program. Her application had been pending for an unusually long time without a final decision.
IRCC tried to justify the delay by pointing to new Ministerial Instructions. These are instructions the Minister can issue to control how certain immigration applications are processed.
But the Court found a problem: the new instructions had cancelled the previous processing framework without clearly replacing it with a new one. In practical terms, this left applicants in a policy vacuum — no clear timeline, no transparent system, and no meaningful explanation for when or how existing files would be processed.
The Federal Court found the delay unreasonable and ordered IRCC to make a decision on the application within 60 days.
The Key Point: A Policy Change Is Not Automatically a Good Excuse
The Court did not say the Minister lacks the power to issue instructions. The Minister does have that power.
What the Court said is more practical: IRCC cannot rely on unclear or incomplete internal policy changes as a blanket excuse for indefinite delay.
If the government removes an old processing system, it needs to provide a clear and intelligible replacement. It cannot simply leave applicants waiting in silence and then rely on that uncertainty to defend the delay.
That is what makes Dai useful for delayed immigration cases. The decision confirms that the Court may look closely at whether IRCC’s explanation is actually meaningful — not just whether IRCC has pointed to some internal policy or program change.
What Is Mandamus?
When IRCC refuses an application, an applicant may be able to ask the Federal Court to review the refusal. But what happens when there is no refusal and no approval — just no decision at all?
That is where mandamus comes in.
A mandamus application asks the Federal Court to order the government to do its job and make a decision.
It is important to understand what mandamus does and does not do:
In Dai, that deadline was 60 days.
Why This Case Matters for Delayed Immigration Applications
The decision is helpful because it pushes back against a common problem: applicants being told little or nothing while their files sit in processing for months or years.
The Court made clear that generic explanations are not always enough. A delay may become unreasonable where:
One especially useful point from Dai is that an online processing estimate is not the same thing as a real processing policy. A number on a website does not necessarily explain why a particular file is delayed or when it will actually be decided.
Does Dai Mean Every Delayed Application Will Succeed in Court?
No. Dai does not mean every delayed immigration application will qualify for mandamus.
Mandamus is a case-specific remedy. The Court looks at the facts of the individual file, including how long the application has been pending, what type of application it is, what steps IRCC has taken, whether the applicant caused any part of the delay, and whether IRCC has a satisfactory explanation.
But Dai is still important. It strengthens the argument that applicants should not be left in indefinite limbo because of unclear internal instructions, shifting priorities, or silence.
What This Means for Applicants in Kelowna and the Okanagan
For individuals and families in Kelowna, West Kelowna, Vernon, Penticton, Lake Country, and throughout the Okanagan, immigration delays can affect almost every part of life.
A stalled application can interfere with work, family stability, travel, long-term planning, and peace of mind. For caregivers, workers, spouses, parents, and permanent residence applicants, “just keep waiting” is not always a sufficient answer.
If your immigration application has been pending far beyond the expected processing time and IRCC has not given you a real explanation, Dai may be a case worth considering.
How Our Office Can Help
At FH&P Lawyers, we assist clients in Kelowna, across the Okanagan, and throughout British Columbia with delayed immigration applications.
We can review your file history, correspondence with IRCC, processing timelines, webform responses, and any available GCMS notes to assess whether the delay may be unreasonable. If appropriate, we can explain whether a mandamus application may be a realistic option to move your file forward.
If your immigration application has been stuck with no clear answer, contact FH&P Lawyers to book a consultation.