For individuals who are navigating the Canadian immigration system, these delays can be frustrating and stressful. Applicants for permanent residency, hearing interview of IRB may experience a range of difficulties during their wait. For some, the delays can even cause significant financial hardship. That is why it is important to utilize all options available to you to decrease delays and speed up your application.
Occasionally, it can help to simply have your legal representative write a letter for you explaining how the delay is impacting you. In most situations, it may be necessary or appropriate to take more legal measures such as mandamus application.
If you feel that your immigration application is taking longer than it should and you have exhausted all other options, you may consider filing a mandamus application (also known as a writ of mandamus). A mandamus application is a legal remedy that can be used to compel the government to process your application within a reasonable time frame.
In other words, it is a court action that requests that the government be forced by a court to take action. To begin, you will need to consult with an immigration lawyer or an agent to help you decide if a mandamus application is the right solution for your case. Once you’ve decided to move forward, your lawyer will first send a notice to the relevant office of Immigration Refugees Citizenship Canada (“IRC”) and ask them to make a decision within the prescribed period of time. If the IRCC office fails to do so, you will file an application with the Federal Court of Canada.
The application will outline the details of your case and why you think your application should be processed in a timely manner. This includes a copy of correspondence between yourself and IRCC: If the court does grant the order, the government must comply with the order and take action to process your application within a reasonable time frame. The Federal Court may also order the government to finalize your immigration application within a certain period of time. The Federal Court may also order to pay for any costs associated with the mandamus application, including legal fees if there are special considerations.
In a mandamus application, the Applicant must show that they meet certain legal criteria, including showing unreasonable delay, for their immigration applications to be finalized within the prescribed period of time.
In Conille, the Federal Court set out three criteria to be met for the delay to be considered unreasonable: (1) the delay in question has been longer than the nature of the process required, prima facie; (2) the applicant and his counsel are not responsible for the delay; and (3) the authority responsible for the delay has not provided satisfactory justification
The Federal Court has refused to accept departmental backlogs, or staff shortages as reasonable explanations, nor does the Federal Court tend to look to the system as a whole. Rather, each case is assessed on its own facts.
Occasionally, it can help to simply have your legal representative write a letter for you explaining how the delay is impacting you. In most situations, it may be necessary or appropriate to take more legal measures such as mandamus application.
If you feel that your immigration application is taking longer than it should and you have exhausted all other options, you may consider filing a mandamus application (also known as a writ of mandamus). A mandamus application is a legal remedy that can be used to compel the government to process your application within a reasonable time frame.
In other words, it is a court action that requests that the government be forced by a court to take action. To begin, you will need to consult with an immigration lawyer or an agent to help you decide if a mandamus application is the right solution for your case. Once you’ve decided to move forward, your lawyer will first send a notice to the relevant office of Immigration Refugees Citizenship Canada (“IRC”) and ask them to make a decision within the prescribed period of time. If the IRCC office fails to do so, you will file an application with the Federal Court of Canada.
The application will outline the details of your case and why you think your application should be processed in a timely manner. This includes a copy of correspondence between yourself and IRCC: If the court does grant the order, the government must comply with the order and take action to process your application within a reasonable time frame. The Federal Court may also order the government to finalize your immigration application within a certain period of time. The Federal Court may also order to pay for any costs associated with the mandamus application, including legal fees if there are special considerations.
In a mandamus application, the Applicant must show that they meet certain legal criteria, including showing unreasonable delay, for their immigration applications to be finalized within the prescribed period of time.
In Conille, the Federal Court set out three criteria to be met for the delay to be considered unreasonable: (1) the delay in question has been longer than the nature of the process required, prima facie; (2) the applicant and his counsel are not responsible for the delay; and (3) the authority responsible for the delay has not provided satisfactory justification
The Federal Court has refused to accept departmental backlogs, or staff shortages as reasonable explanations, nor does the Federal Court tend to look to the system as a whole. Rather, each case is assessed on its own facts.