Form IR-1 (Rule 5)

Court File No.

FEDERAL COURT
Between:
YEZHEN WANG Applicant(s)
and
IMMIGRATION, REFUGEES AND CITIZENSHIP CANADA (IRCC) Respondent(s)

Application for Leave and for Judicial Review

TO THE RESPONDENT(S)
AN APPLICATION FOR LEAVE TO COMMENCE AN APPLICATION FOR JUDICIAL REVIEW has
been commenced by the applicant(s) under
 [x] SUBSECTION 72(1) OF THE IMMIGRATION AND REFUGEE PROTECTION ACT.
UNLESS A JUDGE OTHERWISE DIRECTS, THIS APPLICATION FOR LEAVE will be disposed of
without personal appearance by the parties, in accordance with paragraph 22.1(2)(c) of
the Citizenship Act or paragraph 72(2)(d) of the Immigration and Refugee Protection Act, as the
case may be.
IF YOU WISH TO OPPOSE THIS APPLICATION FOR LEAVE, you or a solicitor authorized to
practise in Canada and acting for you must prepare a Notice of Appearance in Form IR-2 prescribed
by the Federal Courts Citizenship, Immigration and Refugee Protection Rules, serve it on the
tribunal and each applicant’s solicitor or, in the case where an applicant does not have a solicitor,
serve it on the applicant, and file it, with proof after service, in the Registry, within 10 days after the
day on which this application for leave is served.
IF YOU FAIL TO DO SO, the Court may dispose of this application for leave and, if the leave is
granted, of the subsequent application for judicial review without further notice to you.

 Note: 

Copies of the relevant Rules of Court, information on the local office of the Court and other
necessary information may be obtained from any local office of the Federal Court or the
Registry in Ottawa (telephone: 613-992-4238).

The applicant seeks leave of the Court to commence an application for judicial review of:
THE APPLICANT ASKS the Court to issue a writ of mandamus requiring the respondent to render a
decision concerning the applicant’s pending application for Canadian temporary residence (study
permit) within 30 days of this Court’s order.
The address and telephone number of the tribunal are:
Beijing Office of Immigration, Refugees and Citizenship Canada (IRCC)
Address: 19 Dongzhimenwai Dajie, Chaoyang District, 100600 Beijing 100600, China
Telephone: 86 (10) 5139-4000
Fax: 86 (10) 5139-4448
Email: beijing-immigration@international.gc.ca; beijing@international.gc.ca
The application file number is: S305170926
The application for leave was prepared by: YEZHEN WANG
Address: PO Box 6128, Centre-ville Station Montréal, Quebec H3C 3J7
Telephone: +1 581 203 3364
The applicant’s electronic address for the service of documents is: yezhen.wang0305@gmail.com
If the application for leave is granted, the applicant seeks the following relief by way of a judicial
review:
a. A writ of mandamus directing the respondent to make a decision with respect to the
applicant’s pending application for Canadian temporary residence (study permit) within 30
days of this Court’s order; and
b. Such further and other relief as this Honourable Court deems just and necessary under the
circumstances.
If the application for leave is granted, the application for judicial review is to be based on the
following grounds:
A. Material Facts
1. The applicant filed an application for a study permit on July 8, 2022 via the online portal in
Beijing, in order to continue his graduate education at University de Montréal.

2. The application status currently shows as follows, including but not limited to:
 July 14, 2022: biometrics completed;
 July 18, 2022: passed the medical exam (this is the latest update);
 We are reviewing whether you meet the eligibility requirements;
 We do not need additional documents;
 You do not need an interview;
 We are processing your background check;
 Your application is in progress.

3. The applicant communicated with the respondent via web form several times, and the
correspondence between the applicant and the respondent was as follows:
 October 10, 2022: the applicant sent a web form to ask about the status of his
application for the study permit since 13 weeks passed after the submission;
 October 10, 2022: due to this unreasonable processing delay, the enrollment of the
applicant to the University de Montréal has to be deferred, the applicant submitted
the updated admission letter through the web form;
 November 9, 2022: the applicant requested updates on the application since 17
weeks passed after the submission;
  November 22, 2022: the respondent sent an email to the applicant to confirm the
reception of the attachment to the updated admission letter of University de Montréal,
which was sent on October 10, 2022 (request response time: 43 days);
 December 6, 2022: the applicant requested updates on the application since 21
weeks passed after the submission;
 December 16, 2022: the respondent sent a template reply with no substantial
information to the applicant’s request on November 9, 2022 (request response
time: 37 days);
 February 8, 2023: the respondent sent a template reply with no substantial
information to the applicant’s request on December 6, 2022 (request response
time: 64 days);
 March 20, 2023: due to this unreasonable processing delay, the enrollment of the
applicant to the University de Montréal has to be deferred again, the applicant
submitted the updated admission letter from University de Montréal through the web
form.

4. When the applicant submitted the application, the average processing time shown on the
official website of IRCC for a study permit (from outside Canada) was less than 12 weeks. In
addition, the last update for the processing time (on March 16, 2023) was 9 weeks.

5. Till today, it has been 39 weeks since the applicant’s application was received by the
respondent, and no decision has been made and released to the applicant. The actual
processing time for the applicant’s application is essentially three to four times longer than
it should be.
B. Applicant’s Viewpoints
1. The applicant submitted the application documents in strict accordance with the
respondent’s requirements, completed the biometrics collection in the first instance, and
waited patiently until the processing time took over the official average before enquiring
about the progress check via the web form.

2. In the process of communicating with the respondent via web form, the respondent not only
took over tens of days to respond but also replied with boilerplate language that did not
materially assist the applicant’s questions;

3. After consulting with a large number of visa applicants, it became clear that the respondent’s
process for processing visa applications was not on a first-come, first-served basis and
that even for the same type of visa application at the same location on the same day, the
respondent’s processing times varied and could be significantly different and random. Not
only does the process take significantly longer than is reasonable, but the style of action
makes it impossible to predict progress and causes inconvenience to the applicant.

4. The applicant was not visiting Canada for pleasure but to continue his graduate education.
He was attracted by the high education quality of universities in Canada and felt honored to
be admitted to University de Montreal. However, the respondent’s long period of inaction (no
updates since the last update on July 18, 2022) has messed up the applicant’s life and his
study plan, which is an ordeal that is far beyond what a reasonable person should have
endured.

5. Canada has long been known around the world for her inclusive, humane approach, but it is
hard not to be shaken by the fact that so many applicants (including the applicant in this
 case) encounter huge obstacles at the very first step of their intended entry into the country –
applying for a visa, especially a visa for education.

In conclusion, the applicant argued that the respondent has not effectively and timely processed
the applicant’s application of study permit, there is no justification for this unreasonable delay.

C. The Criteria for the Issuance of a Writ of Mandamus are Met

1. The respondent owes the applicant a public legal duty to make a decision concerning the
temporary residency (study permit) application, which has now been unreasonably pending
for 39 weeks when the regular processing time on such applications is now 9 weeks for a
study permit (from outside Canada);

2. The respondent should take into account that the purpose of the applicant is to continue his
education. The unreasonable delay of processing by the respondent has caused an
immense influence on the applicant’s life, even damaging his mental health.

3. The applicant has a legitimate right to request the performance of the aforementioned duty
imposed on the respondent in that:
a. The applicant has satisfied all conditions precedent in completing all requirements
asked of him in connection with the temporary residency (study permit) application;
b. The applicant has made sufficient efforts in requesting the performance of the duty
according to the internal procedure of the respondent; and
c. A reasonable time given for response to the applicant’s requests has passed.

4. Under the circumstances, there is no other feasible remedy available to the applicant except
for bringing up this Application;

5. The respondent explicitly “failed to observe a principle of natural justice, procedural fairness
or other procedure that it was required by law to observe” as stipulated in paragraph 18.1(4)
(b) of the Federal Courts Act, R.S.C. 1985, c. F-7;

6. The order sought will have practical value and effect on the issue concerned;

7. Section 72 of the Immigration and Refugee Protection Act, S.C. 2001, c.27; Section 348 of
the Immigration and Refugee Protection Regulations, SOR/2022-227 and such further and
other grounds as counsel shall advise and this Honorable Court may consider.

The applicant has not received written reasons from the tribunal.
If the application for leave is granted, the applicant proposes that the application for judicial review
be heard at Montréal in the English language.
DATED this 5th day of April 2023.
This Application is filled by:
Name: Yezhen Wang
 Passport Number: ED9511391
UCI number: 1128951714
Address: PO Box 6128,
Centre-ville Station Montréal,
Quebec H3C 3J7, Canada
Telephone: +1 581 203 3364

TO:
THE REGISTRY OFFICE
Federal Court
Montréal Local Office
30 McGill Street
Montréal, Quebec
H2Y 3Z7

AND TO:
MINISTER OF IMMIGRATION, REFUGEES AND CITIZENSHIP CANADA (IRCC)
SEAN FRASER
NEW GLASGOW OFFICE
2A 115 MacLean Street
New Glasgow, Nova Scotia
B2H 4M5, Canada
Telephone: +1 (902)-752 0226
Fax: 902-752-0284