Canadian Court Orders Government to Process Delayed Start-Up Visa

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: 

• Vague Security Explanations Won’t Cut It: 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. 

• Government Has a Duty to Act: Even though Start-Up Visa applications can be complex and interconnected, IRCC still has a legal obligation to process them within reasonable timeframes. 

• Entrepreneurs Suffer Real Harm: 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: 

• Legal Precedent: The ruling establishes that courts will scrutinize government explanations for delays and won’t accept vague security-related excuses indefinitely. 

• Practical Relief: The Court ordered a 90-day deadline for processing, showing judges are willing to impose specific timelines on government agencies. 

• Business Reality: 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: 

• Processing Times: What should be a streamlined program for job-creating entrepreneurs often takes years 

• Lack of Transparency: Applicants receive minimal information about delays 

• Security Screening: Legitimate security concerns are being used to justify indefinite delays 

• Economic Impact: 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: 

• Set realistic expectations about processing times 

• Maintain detailed records of their applications 

• Consider legal options if delays become unreasonable 

• 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.