How can a “writ of mandamus” speed up your delayed Immigration application?
Are lengthy processing times giving you hesitant thoughts about moving to Canada?
Don’t sweat it if you find yourself on standby mode even after passing the average service standards. Buckle up while you discover the solutions that bring sunshine to your dismay about the unresponsive angles of the entities.
Let’s cut to the chase and look through everything you need to know.
What is a writ of mandamus?
On grounds of immigration, a “writ of mandamus” can be stated as a petition put forward to the federal court to demand the IRCC Immigration, Refugees and Citizenship Canada (IRCC) for issuing a decision within a specified period of time regarding the status of applications.
This works for those who have been waiting for an unreasonable amount of time, however, it’s not a way to push through the waiting list and fast-track the procedure. If your application is taking notably longer than the usual processing standards outlined on the IRCC website, they are legally obligated to provide an explanation within a given time span.
How to apply for a writ of mandamus?
The writ is presented directly at the Federal Court. You must satisfy certain requirements before the court prepares to issue this exclusive judicial remedy. Prior to seeking the writ, an applicant must make sure that the immigration authorities are not holding up their application for a visible reason and that the application was submitted the right way. Furthermore, it is important to validate that there has been an unreasonable delay in the course of progress exceeding the average processing standards.
The IRCC is often asked by the lawyers in the Department of Justice, to resolve the case and provide a decision so as to prevent its proceeding from a hearing at the court level.
IRCC commits to process the spousal sponsorship application in a time frame of 12 months.
Within this time range your application processing is expected to complete and in the interim, if you are never contacted for further information or documents and it has been beyond the average processing time of 12 months, then a writ of mandamus can be filed to the federal court. If the delay found was due to an unjustifiable reason, they can occasionally order the IRCC to issue a decision within a fixed time period failing which the case will proceed to the court for the hearing.
Click here for a successful writ of mandamus by an Iranian applicant of Express Entry who got a decision by the Federal Court on March 1, 2022