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Cabinet officials

Federal Court of Canada Rules on Mootness of Mandamus Application

Strategic Insights

— 1 min read

The Federal Court of Canada has dismissed the mandamus application of Amjed Khan, a Canadian citizen whose permanent residence application was refused due to inadmissibility under the Immigration and Refugee Protection Act. The Court found that a decision had been made on Khan's permanent residence application, rendering the mandamus application moot. The Court also dismissed a motion filed by Khan to restore his temporarily inactivated and cancelled Temporary Resident Visa (TRV).

Key Takeaways:

  • The Federal Court of Canada dismissed the mandamus application of Amjed Khan due to mootness, as a decision had been made on his permanent residence application.
  • The Court found that Khan's submission on the unreasonableness of the inadmissibility finding was outside the scope of the judicial review, and that he can file a separate application for leave and judicial review to challenge the refusal of his permanent residence application and the cancellation of his TRV.
  • The Court noted that Khan does not have a right to a particular mode of hearing, and that there was no evidence to support his allegation that the cancellation of his TRV was a revengeful act.
  • The Court also dismissed a motion filed by Khan to restore his temporarily inactivated and cancelled Temporary Resident Visa (TRV), as it was not within the scope of the judicial review.

Statistics:

  • The Court heard the mandamus application on July 24, 2025, approximately two months after Khan received a procedural fairness letter explaining that he was inadmissible under paragraph 34(1)(f) of the Immigration and Refugee Protection Act.
  • The decision on Khan's permanent residence application was made approximately three days prior to the Court hearing.
  • The Court received submissions from Khan on the issue of mootness, but not on the unfairness or unreasonableness of the inadmissibility determination.
  • The test for determining the mootness of a matter is well established, with the Supreme Court of Canada's decision in Borowski v Canada (Attorney General), 1989 CanLII 123 (SCC) 1 SCR 342 providing the relevant framework.

Sources:

  • Immigration and Refugee Protection Act, SC 2001, c 27
  • Borowski v Canada (Attorney General), 1989 CanLII 123 (SCC) 1 SCR 342

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