How a Mandamus Application Can Speed Up Your Delayed Immigration Case to Canada

mandamus application

How a Mandamus Application Can Speed Up Your Delayed Immigration Case to Canada

Has your Immigration Application gotten delayed? Relax, because its very normal.

There are so many possible reasons why. But here we will talk only about how Mandamus Application could Speed Up Your Delayed Immigration Case to Canada.

See below for more details.

Also check out: How to Keep your Canadian Permanent Resident Status

Normal Reasons Why Canadian Immigration Application could Cases Are Delayed

Immigration applications could be delayed if the application is still  incomplete, for example if a form, signature or document is not available or missing, or if application fees weren’t paid.

Delay could occur when Immigration, Refugees and Citizenship Canada (IRCC) has to contact an applicant to request for missing information.

Immigration applications could also be delayed if IRCC is dealing with a large backlog of files and little number of staff.

Despite these common delays, a mandamus application might be appropriate to speed up your immigration application depending on specific facts of your case.

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What’s a Writ of Mandamus (Application)?

A writ of mandamus is a way to ask a court to order the government to perform a duty that’s owed to the public. 

In the immigration context, a writ of mandamus, also known as a mandamus application, is usually used to ask the Federal Court of Canada to order IRCC to issue a decision on an immigration application when an immigration application has been pending for an unreasonable amount of time.

Usually, a delay is unreasonable if it is taking longer than the average processing time listed on the IRCC website, however;

This will only depend on the specific facts of your case.

How I Can Apply for Mandamus?

Mandamus applications for immigration purposes are filed with the Federal Court.

The application will have to show that the applicant has the right to seek mandamus based on certain legal criteria.

If the Federal Court actually agrees, the judge would order IRCC to finalize the immigration application within a certain time period, for example, thirty days from the date of the order.

The IRCC has all the right to respond to a mandamus application in court. The Department of Justice are also the lawyers for IRCC.

Sometimes, the Department of Justice could ask IRCC to settle the case and issue a decision themselves, to avoid having to proceed to a hearing at the Court.

Common Reasons Why Canadian Immigration Application Cases Are Delayed

Immigration applications could be delayed if the application is incomplete, for example if a form, signature or document is missing or not available, or if application fees were not paid.

Delay occurs when Immigration, Refugees and Citizenship Canada (IRCC) has to contact an applicant to request missing information.

Immigration applications can also be delayed if IRCC is dealing with a large backlog of files and small number of staff.

Despite these common delays, a mandamus application might be appropriate to speed up your immigration application depending on the specific facts of your case.

What’s a Writ of Mandamus Application?

A writ of mandamus is a way to a court to order the government to perform a duty that is owed to the public.

In this immigration context, a writ of mandamus, also a mandamus application, is usually used to ask the Federal Court of Canada to order IRCC to make a decision on an immigration application once an immigration application has been pending for an unreasonable amount of time.

Usually, a delay is unreasonable if it’s taking longer than the average processing time listed on the IRCC website, however

This will depend on the specific facts of your case.

How can I Apply for a Mandamus?

Mandamus applications for immigration purposes are all filed with the Federal Court. The application should show that the applicant has the right to seek mandamus based on certain legal criteria. 

If the Federal Court agrees, the judge would order IRCC to finalize the immigration application within a certain period of time, for example, thirty days from the date of the order.

The IRCC has the right to respond to a mandamus application in court.

The Department of Justice are also the lawyers for IRCC. Sometimes, the Department of Justice asks IRCC to settle the case and could issue a decision themselves, to avoid having to proceed to a hearing at the Court.

How Battista Smith Migration Law Group Can Help

Battista Smith Migration Law Group has many years of experience arguing successful mandamus applications and getting quick decisions for clients.

Mandamus Application:

If you have already submitted your application and it’s taking much longer than the right processing times, it may be appropriate to file a mandamus application.

In this situation, our office can help you to bring a mandamus appeal to the Federal Court, asking the court to order the immigration authority to make a decision in your case.

Among other things, the conditions that are necessary to demonstrate that a writ of mandamus should be issued includes that the immigration authority has a legal duty to act and  owe the duty to you.

You must’ve made a prior demand to the immigration authorities to complete the process, and it must be shown that there was unreasonable delay in your case, as compared to the normal or average processing times.

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