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Claiming Fee refund/Compensation from IRCC for delays

sss82

Star Member
Oct 12, 2014
85
6
Category........
Visa Office......
Warsaw, Poland(originally NDVO)
NOC Code......
2172
Job Offer........
Pre-Assessed..
App. Filed.......
9-Oct-2014
Nomination.....
16-Jan-2015-PER
AOR Received.
25-Feb-2015
I was wondering if it is possible at all to get fee refund or some kind of compensation from IRCC because of delay in processing.
- I have a citizenship application pending since April 2019.
- Have been asked 3 times for fingerprint as the fingerprint report is valid only for a year. Each time i submit, there is no action by IRCC for more than a year. And they simply ask for fresh fingerprint each time
- Have tried to escalate multiple times through webforms but no help

All said, i don't want to withdraw my application. But such inordinate delay is deficiency is service and it just does not feel right to pay for such service.

Any suggestions.
 

RickyT

Star Member
Sep 13, 2015
142
111
Wow, that is absolutely shocking and I am so sorry that you are getting screwed around like that.

I am sure someone on here can point you in the right direction, maybe writing to a local MP?
 

trumprefugee

Champion Member
Jun 6, 2017
1,616
3,186
Ottawa, ON
Category........
PNP
Visa Office......
Ottawa
NOC Code......
2172
App. Filed.......
06-01-2018
Nomination.....
19-12-2017
AOR Received.
07-01-2018
IELTS Request
24-06-2017
Med's Done....
05-01-2018
Passport Req..
09-03-2018
VISA ISSUED...
02-04-2018
LANDED..........
28-05-2018
I find it unconscionable how IRCC has been ignoring 2020 and especially 2019 applications while processing 2022 paper applications in 4-6 months! At this point, I think your only options are either to withdraw and apply again on paper, or to pay a lawyer $1000+ more to file writ of mandamus (which has been effective for some routine applications that had been ignored for 2+ years). I wonder if a few of you severely delayed 2019 and 2020 folks could join together in some kind of class action suit?

In terms of compensation, I did find this potential for a small refund for those of us who have to wait more than 4 months from decision made (everything set to Completed except for oath) and being scheduled for oath. I saw this buried in some older threads - seems that the "service standard" is a maximum of 4 months between DM and oath scheduling; if we wait more than 4 months, we could get 25% of the Right of Citizenship fee refunded, and 50% if we wait more than 8 months. Now that Right of Citizenship fee was only $100, so we're talking about only $25-$50, but it's still better than 0 (and they could still use the excuse of the pandemic being an extraordinary circumstance in which this service standard does not apply):

https://www.canada.ca/en/immigration-refugees-citizenship/news/notices/service-fee-act-remissions-policy-2021.html
Right of Citizenship

The Right of Citizenship service standard is a maximum of 4 months. The first invitation to attend a citizenship ceremony must be sent to the applicant within 4 months of the date of their positive grant decision.

The remission will be

  • 25% of the fee for less than 4 months past the service standard, and
  • 50% of the fee, if for more than 4 months past the service standard
For citizenship applications that are refused, abandoned or withdrawn, applicants will continue to receive a full refund of their Right of Citizenship fee.
 
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Reactions: A_S and Dalboy1980

scylla

VIP Member
Jun 8, 2010
93,084
20,602
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
I was wondering if it is possible at all to get fee refund or some kind of compensation from IRCC because of delay in processing.
- I have a citizenship application pending since April 2019.
- Have been asked 3 times for fingerprint as the fingerprint report is valid only for a year. Each time i submit, there is no action by IRCC for more than a year. And they simply ask for fresh fingerprint each time
- Have tried to escalate multiple times through webforms but no help

All said, i don't want to withdraw my application. But such inordinate delay is deficiency is service and it just does not feel right to pay for such service.

Any suggestions.
You can try. However I'm not sure it makes sense to do this unless your aim is to prove a point and money is no object.

You'd need the assistance of a lawyer to pursue. At best, you may get the application fee refunded (if that). Hiring a lawyer will cost you significantly more than the application fee refund.

If you want to spend money on a lawyer, a better option is likely to go the mandamus route to force a decision in your application.
 

rishisingh86

Star Member
Apr 3, 2017
91
37
did you try reaching out to your local MP? I applied in March 2019, was in a similar boat as you. Gave fingerprints 3 times. I realized the webforms were not going anywhere. So I persistently started reaching out to my local MP. They intervened and I saw progress in my application.

Might be worth trying in your case.
 
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Reactions: A_S

sss82

Star Member
Oct 12, 2014
85
6
Category........
Visa Office......
Warsaw, Poland(originally NDVO)
NOC Code......
2172
Job Offer........
Pre-Assessed..
App. Filed.......
9-Oct-2014
Nomination.....
16-Jan-2015-PER
AOR Received.
25-Feb-2015
did you try reaching out to your local MP? I applied in March 2019, was in a similar boat as you. Gave fingerprints 3 times. I realized the webforms were not going anywhere. So I persistently started reaching out to my local MP. They intervened and I saw progress in my application.

Might be worth trying in your case.
Thanks for your reply. Would you know if your local MP was able to ask IRCC to complete/expedite the application. I have reached out to my MP but all his office provides are updates. The updates are the same that i see on the status tracker.