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Cabinet officials

Federal Court of Canada Dismisses Refugee Sponsorship Application

Strategic Insights

— 2 min read

The Federal Court of Canada has made a landmark decision dismissing a refugee sponsorship application due to the applicants' failure to meet the test for the issuance of a writ of mandamus. Sara Siah Pour, an Iranian activist and human rights defender, and her common-law partner, Ali Monjezi, applied for private refugee sponsorship in July 2023 under the Convention Refugee Abroad or Country of Asylum class. However, the applicants failed to demonstrate prima facie delay in the processing of their application, a crucial requirement for the issuance of a writ of mandamus.

Key Takeaways:

  • The applicants, Sara Siah Pour and Ali Monjezi, are Iranian nationals who have faced persecution and human rights abuses in Iran. Sara Siah Pour was tried, convicted, and sentenced to five years in prison for her activism and human rights work.
  • The applicants applied for private refugee sponsorship in July 2023 under the Convention Refugee Abroad or Country of Asylum class and requested expedited processing.
  • Despite their request, the application remains outstanding, and the applicants have brought an application for leave for judicial review and for a writ of mandamus to compel the Minister of Citizenship and Immigration to decide their Application.
  • The court found that the applicants have not met the test for the issuance of a writ of mandamus as they have not shown prima facie delay in the processing of their Application. However, IRCC has flagged the Application for priority processing as of May 24, 2025, which has triggered a legitimate expectation on the part of the applicants that their Application will be processed in an expedited manner.
  • The court emphasized that the applicants have a legitimate expectation that, going forward, IRCC will give priority and expedite the processing of their Application as a matter of procedural fairness.
  • The court ultimately dismissed the application for judicial review and found no question for certification.

Statistics:

  • According to the GCMS notes, the Sponsorship Application (step one) was approved in four months, significantly faster than the 21-month standard processing times posted on IRCC's website.
  • The refugee portion of the Application (step two) has not yet exceeded the related 20-month standard processing times.
  • The Applicants provided evidence showing the timing of the processing of urgent applications under the Urgent Protection Program, with approximately 50 applicants being processed within three to five days annually.

Sources:

  • The judgment was delivered by Madam Justice Whyte Nowak on June 3, 2025, in the case of IMM-11568-24.
  • The decision is based on the Convention Refugee Abroad or Country of Asylum class and the Private Sponsorship of Refugees Program.
  • The case involves the applicants' application for private refugee sponsorship in July 2023 and their subsequent application for leave for judicial review and for a writ of mandamus.

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