Mandamus application dismissed as no public legal duty to process start-up visa when designated entity is suspended.
The applicant sought a writ of mandamus compelling IRCC to process his permanent residence application under the Start-up visa program, which had been pending for five years.
The application was supported by a designated entity that was subsequently suspended by the Minister of Citizenship and Immigration.
The Court found the proper respondent was solely the Minister of Citizenship and Immigration.
The Court held there was no public legal duty to act because the processing of applications supported by the suspended entity was paused in accordance with the Immigration and Refugee Protection Regulations.
The application for judicial review was dismissed.