Ministerial relief: a 16-year median wait, on IRCC’s own decision data

Ministerial relief: a 16-year median wait, on IRCC's own decision data

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For someone found inadmissible to Canada on security or organised criminality grounds, ministerial relief is the last door. IRCC’s own decision data shows what sits behind it: a median wait of 16 years — and in ten of 33 cases, more than twenty.

The figures below come from IRCC’s list of ministerial decisions as at 21 April 2026.

The headline numbers

  • Decisions in the release: 33
  • Positive: 19 (58%) — Negative: 14 (42%)
  • Processing time: minimum 5 years, median 16 years, maximum 22 years
  • 18 of 33 took 15 years or more
  • 10 took 20 years or more

The finding that surprises people: of those ten twenty-year cases, seven were decided positively. Length of wait does not predict outcome. It is simply the price of admission.

The provision decides the timeline

  • s.34(2) — security. 18 cases, 67% positive, median 20 years, range 11–22.
  • s.42.1 — ministerial relief. 12 cases, 58% positive, median 8 years, range 5–10.
  • s.37(2)(a) — organised criminality. 2 cases, both negative.
  • s.35(2) — human rights violations. 1 case, negative.

The gap between s.34(2) and s.42.1 is the single most consequential fact here: a median of twenty years against eight. Which provision your file falls under shapes your timeline more than anything you control.

Decisions come in batches

  • 2022: 3 decisions, all positive, median wait 9 years
  • 2023: 3 decisions, 1 positive, median 11 years
  • 2024: 25 decisions, 14 positive, median 17 years
  • 2025: 2 decisions, 1 positive, median 6 years

2024 is the year a backlog of very old files — some dating to 2002 — was cleared. Decisions arrive in clusters, not at a steady rate, which means silence in any given year says little.

What follows from this

  • Plan on a realistic horizon. If your file sits under s.34(2), planning around two or three years does not match the data.
  • A long silence is not a refusal. Twenty-two-year files in this release went both ways.
  • The provision matters more than almost anything else in setting expectations.
  • If your wait has become unreasonable, a mandamus application in Federal Court is worth assessing.

The limits of this data

This is 33 decisions, not a national caseload. It cannot support a national success rate. What it does show reliably is the range of real timelines — and those sit far outside common expectations.

Frequently asked questions

How long does ministerial relief take?

In this data, a median of 16 years, ranging from 5 to 22. For s.34(2) the median is 20 years; for s.42.1, 8 years.

What proportion succeed?

58% of these 33 decisions were positive. It is a small sample and should not be read as a national rate.

Does a long wait mean a refusal is coming?

No. Of the ten cases that took more than twenty years, seven were decided positively.

Which provision moves faster?

s.42.1, at a median of 8 years, against s.34(2) at 20.

My file has been silent for years — what can I do?

Assess whether you meet the test for mandamus in Federal Court. That remedy compels a decision, not a favourable one.

In short

Ministerial relief is a route that exists and that succeeded in more than half of these cases — at a cost in time you should understand from the outset. If you are in this position, have the file reviewed by a Regulated Canadian Immigration Consultant (RCIC).

Sources

  • IRCC list of ministerial decisions, as at 21 April 2026
  • Immigration and Refugee Protection Act, ss. 34, 35, 37 and 42.1
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Mobina Fakour

Immigration researcher

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