Mandamus Order Requires New Brunswick PNP PR Decision

A Federal Court mandamus order requires IRCC to make a final decision on a New Brunswick PNP PR application within 90 days. The Court found that the applicant had met the test for mandamus after his permanent residence application had remained unresolved for more than 36 months.

Case Summary

• Case & citation: Belenikin v. Canada (Citizenship and Immigration), 2026 FC 1381, Court file IMM-16511-25.
• Decision date & judge: November 12, 2026, before Chief Justice Alan S. Diner.
• Issue: The applicant sought mandamus requiring a final decision on his New Brunswick Provincial Nominee Program permanent residence application.
• Outcome: Judicial review was allowed, and IRCC was ordered to decide the PR application within 90 days; no costs were awarded.

Security screening had been completed

The applicant, a Russian citizen, received a nomination through the New Brunswick Provincial Nominee Program on September 25, 2023 and applied for permanent residence through IRCC on October 2, 2023.

IRCC later requested information about the applicant’s military service, employment and family details. The applicant provided the requested materials within IRCC’s deadlines in spring 2024, after which security screening was initiated on May 30, 2024.

At the October 22, 2026 hearing, the government advised the Court that security screening had been completed. The result of that screening was not disclosed to the Court, and no final decision on the permanent residence application had been made by the date of judgment.

Why the Court granted mandamus

The applicant argued that the unresolved application prevented him from making major family life decisions and was affecting his mental, emotional and physical health. The government submitted that the conditions for mandamus had not been met.

Chief Justice Diner found that the applicant satisfied the conjunctive mandamus test. The Court concluded that the applicant had established the first four Apotex factors and that the respondent had not shown why any of the remaining criteria were not met.

The judgment stressed that the importance of security screening was not in dispute. The issue was the lengthy processing delay without explanation, and the Court found that the balance of convenience favoured the applicant.

IRCC must make a final decision within 90 days

The Court declined to remain seized of the matter. After submissions from both parties, they agreed that 90 days, rather than the 60 days previously contemplated, would allow time for any further procedural steps, including a procedural fairness letter if needed.

The order requires a final decision on the application within 90 days. It does not grant permanent residence or determine the outcome of the applicant’s PR application.

No question was certified, and no costs were awarded. The applicant had withdrawn his request for costs before the case management conference.

Practical significance

This decision concerns the delay in this individual New Brunswick PNP permanent residence application. It does not direct a general change to IRCC processing or security-screening practices.

The judgment shows that completion of security screening did not end the Court’s concern where a final PR determination remained outstanding after a prolonged delay.

Source: Federal Court Decisions