Understanding the IRCC Security Screening Delay Process
Is your Canadian immigration application stuck in a security screening delay? Learn why this happens, what the Federal Court says about unreasonable waits, and what you can do to get your application moving again.
Navigating IRCC Security Screening Delays and Inadmissibility
The IRCC security screening delay process can leave immigration applicants in a state of prolonged uncertainty. Governed by the Immigration and Refugee Protection Act (S.C. 2001, c. 27) l-2.5, this essential step is designed to prevent individuals who pose a threat from entering Canada. However, when screening drags on for years or leads to an unreasonable inadmissibility finding, applicants have recourse through Judicial Review at the Federal Court.
Internal policies, such as Additional information to consider under A34-37, instruct officers to use a “reasonable grounds to believe” standard. This requires more than mere suspicion but less than concrete proof, creating a complex legal space. The Federal Court has clarified the limits of this process in several key rulings:
- Unreasonable Delays: In cases like Peng v. Canada (Minister of Citizenship and Immigration), 2025 FC 2 and Donzo v. Canada (Minister of Citizenship and Immigration), 2025 FC 154, the Court affirmed that IRCC cannot rely on vague statements about “pending security checks” to justify delays stretching for years. It has repeatedly ordered IRCC to issue decisions within a set timeframe.
- Evidence vs. Suspicion: A security inadmissibility finding cannot be based on guilt by association or speculation. As seen in A.S. v. Canada (Minister of Citizenship and Immigration), 2025 FC 199, the officer must have an objective evidentiary foundation for their concerns.
Ultimately, while IRCC has a mandate to conduct thorough screenings, this function must be performed fairly and in a timely manner. Judicial Review serves as a critical oversight mechanism to ensure that the rights of applicants are respected and that administrative decisions are justified, transparent, and reasonable.
Full article on dadkhah.ca