A landmark Federal Court ruling could signal hope for entrepreneurs facing endless delays in Canada’s Start-Up Visa program
If you’re an entrepreneur caught in Canada’s Start-Up Visa processing limbo, a recent Federal Court decision might offer a glimmer of hope. In April 2025, the court ordered Immigration, Refugees and Citizenship Canada (IRCC) to make a decision on a dentist-inventor’s SUV application that had been stalled for over five years.
The Case That Gives Hope
Dr. Amirhossein Majidi, a dentist who invented a “dental implant prosthetic and surgical life-saving kit” with patents in Canada, the US, and the EU, applied for permanent residence through the Start-Up Visa program in December 2019. His business plan involved manufacturing, marketing, and selling his patented device to dentists in Canada.
Fast-forward to 2025: still no decision.
Frustrated by the endless wait, Majidi took the government to court—and won.
Start-Up Visa Application Timeline
The timeline reveals a familiar pattern that many Start-Up Visa applicants will recognize:
- December 2019: Application submitted
- September 2021: IRCC finally “began” processing (nearly 2 years later)
- March 2023: Procedural fairness letter with concerns raised
- 2023-2025: Radio silence, except for requests to update medical exams
The government’s excuse? Security screening was still ongoing for a family member of one of Majidi’s co-applicants. Under Start-Up Visa rules, if one essential applicant is refused, all related applications must be refused together.
The Court's Game-Changing Ruling
Federal Court Justice A. Grant didn’t buy the government’s explanation. Here’s what he ruled:
The Court rejected what it called “blanket statements” about ongoing security reviews. Simply saying “security screening is ongoing” without explaining why it’s taking so long is insufficient justification for years-long delays.
Even though Start-Up Visa applications can be complex and interconnected, IRCC still has a legal obligation to process them within reasonable timeframes.
The Court recognized that lengthy delays cause genuine business harm:
- Time-limited patent protection expires while waiting
- Business plans become stale
- Opportunities are lost in other countries
- Entrepreneurs are stuck in limbo
Why This Matters for Your Start-Up
This decision could be significant for entrepreneurs facing similar delays because:
The ruling establishes that courts will scrutinize government explanations for delays and won’t accept vague security-related excuses indefinitely.
The Court ordered a 90-day deadline for processing, showing judges are willing to impose specific timelines on government agencies.
The decision acknowledges that entrepreneurs face unique time pressures, especially with patent protection and market opportunities.
The Bigger Picture
This case highlights ongoing systemic issues with Canada’s Start-Up Visa program:
What should be a streamlined program for job-creating entrepreneurs often takes years
Applicants receive minimal information about delays
Legitimate security concerns are being used to justify indefinite delays
Canada loses innovative entrepreneurs to other countries with faster processes
Moving Forward
While this decision is encouraging, it’s just one case. The Start-Up Visa program needs broader reforms to live up to its promise of attracting innovative entrepreneurs to Canada.
For now, entrepreneurs should:
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Set realistic expectations about processing times
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Maintain detailed records of their applications
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Consider legal options if delays become unreasonable
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Have backup plans for other jurisdictions
The Majidi decision sends a clear message: Canada’s immigration system can’t use vague security concerns to indefinitely delay decisions that affect people’s lives and businesses. For entrepreneurs trapped in the Start-Up Visa maze, that’s a welcome development.
If your Start-Up Visa application has been significantly delayed, consider consulting with an immigration lawyer familiar with mandamus applications to understand your options.
