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.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
