Updated on August 19, 2026 by canadian immigration experts
Quick answer
Downtown Toronto is where Canadian immigration litigation happens: the Federal Court sits at 180 Queen Street West, the Immigration and Refugee Board at 74 Victoria Street. If IRCC has not decided your application, the remedy is mandamus. If IRCC refused it, the remedy is judicial review.
Why do immigration cases end up in downtown Toronto?
Because both forums are in the core. The Federal Court’s Toronto local office is at 180 Queen Street West, beside Osgoode station at Queen and University. The Immigration and Refugee Board’s Toronto office is a few blocks east at 74 Victoria Street.
The client base splits the same way. Around Bay and King, files are corporate: intra-company transferees, permits that outlast an assignment, permanent residence applications that stall. Around the University of Toronto’s St. George campus and Toronto Metropolitan University at Yonge and Dundas, they are study permits and post-graduation work permits past their processing time.
Is your case mandamus or judicial review?
It turns on whether a decision exists. No decision means mandamus, an order under section 18.1 of the Federal Courts Act compelling IRCC to decide. A decision you disagree with means judicial review. Immigration matters reach the Federal Court under section 72 IRPA either way.
| Feature | Mandamus | Judicial review |
|---|---|---|
| Trigger | IRCC has not decided | IRCC has decided and refused |
| Court orders | That IRCC make a decision | The refusal quashed and sent back |
| Test | Apotex Inc. v Canada (Attorney General), [1994] 1 FC 742 (FCA); delay under Conille v Canada (MCI), [1999] 2 FC 33 | Reasonableness under Canada (MCI) v Vavilov, 2019 SCC 65; correctness on fairness |
| Deadline | No decision, so no date to run the clock from; counsel files once a demand letter goes unanswered | 15 days if the matter arose in Canada, 60 if outside (s. 72(2)(b) IRPA) |
| Best outcome | A decision, possibly a refusal | A fresh decision by another officer |
Our fuller treatment of mandamus vs judicial review covers borderline cases; mandamus vs IAD appeal covers refusals with appeal rights.
How does a Federal Court immigration application run?
As an Application for Leave and for Judicial Review, Form IR-1. Leave must be granted before the merits are heard, and is granted in a minority of cases. Three things come first.
- Confirm the duty: conditions precedent met, nothing outstanding from you.
- Send a written demand to IRCC, allowing a reasonable time, typically 30 days.
- File for leave once the demand goes unanswered.
| Stage | What happens | Typical timing |
|---|---|---|
| Leave application | Form IR-1 filed and served at 180 Queen Street West | Start of the timeline |
| Tribunal record | IRCC serves the certified record | After service |
| Applicant’s record | Affidavit evidence and argument | Within 30 days of the leave application |
| Leave decision | A judge decides on the paper record | Typically some months; never guaranteed |
| Settlement or hearing | Many mandamus files settle, because IRCC finalises the decision once litigation starts | Otherwise a hearing |
The mechanics, including how to file a mandamus application, sit on our Canadian immigration litigation page.
What delays hit Bay Street transferees?
Security screening, most often. Intra-company transfer permits are LMIA-exempt under C12 and move reasonably well for executives, senior managers and specialised-knowledge staff joining a related Canadian entity. The permanent residence application that follows is where files stall, particularly with extensive travel history.
One correction worth making: the dedicated owner-operator LMIA exemption ended in 2021. Owners now use a regular LMIA with genuine recruitment, an intra-company transfer, a provincial stream, or Start-Up Visa Canada, on which IRCC has applied intake caps since 2024. See business immigration to Canada and our business immigration lawyer in Markham.
What about student and post-graduation delays downtown?
A stalled student file is a mandamus candidate on the same test as any other. Exceeding IRCC’s published processing times is evidence of delay, not proof it is unreasonable. The Court asks whether the delay exceeds what the process requires, whether you caused it, and whether IRCC has justified it.
For students at St. George or on Gould Street the damage is timing: an expired permit, a lost start date, an employer that cannot wait. Say so in the affidavit — the balance of convenience forms part of the test. Security screening drives the longest delays, and our immigration mandamus lawyer in Richmond Hill page sets out how those files are built.
Do you have to attend at 180 Queen Street West?
Rarely. Applications are filed and argued by counsel, and leave is decided on the written record. Any hearing is at 180 Queen Street West; Immigration Appeal Division matters sit at 74 Victoria Street, frequently by videoconference. Our office is at 1110 Finch Ave W #406, Toronto, ON M3J 3M2, in North York — we keep no downtown office and run these files remotely. Where a refusal carries appeal rights, start with Immigration Appeal Division appeals rather than the Federal Court, and see our immigration lawyer in North York page for the practice as a whole.
Check whether that appeal right survives. Section 64 IRPA removes the IAD appeal altogether where a foreign national is inadmissible for serious criminality — a term of imprisonment of at least six months — or for organised criminality, security, or violating human or international rights. The IAD then has no jurisdiction, and the challenge belongs at 180 Queen Street West by judicial review, on the section 72(2)(b) IRPA deadlines.
Ask us about a stalled or refused file
Bring your application number, the date you applied, every piece of IRCC correspondence, and any refusal letter with the officer’s notes. Fees vary with the complexity of the file — ask for a written quote at the consultation.
Frequently asked questions
Where does the Federal Court sit in Toronto?
The Federal Court’s Toronto local office is at 180 Queen Street West, by Osgoode station at Queen and University. Mandamus and judicial review run through it.
Do you have a downtown office?
No. We act for clients across downtown Toronto from 1110 Finch Ave W #406, Toronto, ON M3J 3M2, in North York. Applications are filed by counsel, so you rarely attend.
Does mandamus force IRCC to approve my application?
No. Mandamus compels IRCC to decide an unreasonably delayed application. The decision that follows can still be a refusal, challenged by judicial review.
How long do I have to seek judicial review of a refusal?
Under section 72(2)(b) IRPA, 15 days if the matter arose in Canada and 60 days if outside. After that you must ask the Court for an extension, which is not automatic.
My study permit decision is months overdue. Is that enough?
Exceeding a published IRCC service standard is evidence of delay, not proof it is unreasonable. The Court asks about the process, your own conduct, and IRCC’s justification.
Disclaimer: This article is general information about Canadian immigration law and procedure, current as of 2026. It is not legal advice and no solicitor-client or representative-client relationship is created by reading it. Deadlines and requirements change, and the right remedy depends on the facts of your file. Speak to a qualified immigration professional about your own circumstances before acting. Jane Katkova & Associates has advised clients on Canadian immigration matters since 1995.
