Next step: I’m considering filing a mandamus application, but I’m unsure whether to do it myself or hire a lawyer.
Even assuming seeking mandamus will make a difference, there is not much point in pursing mandamus without the assistance of a lawyer.
I was told by a lawyer clerking for a judge, for example, that the technicalities are so daunting that even among mandamus applications made by lawyers many fail for technical reasons, and that was about lawyers stumbling in proceedings to seek mandamus generally, many in regards to less complicated subjects. And, more significantly, that includes many matters in which the government has less latitude, situations in which it is easier to make the case the government has failed to do what the law mandates be done.
In regards to technicalities in particular, note for example that if your "
Next step" is to file an application for mandamus you would be leaving out a requisite step in the process and the application for mandamus would be summarily denied.
Moreover, it is prudent to get a lawyer's help even in deciding if or when to pursue mandamus. Contrary to the TLDR willfully wallowing in ignorance crowd rhetoric, there is a lot most applicants could research to better ascertain more about their case and, for example, whether for them in particular there is much chance of success making the prerequisite demand, or following through with filing the lawsuit for mandamus if the demand is not successful. Not all causes for delay in processing are created equal.
Then there is the when to seek mandamus question. Again, not all causes for delay in processing are created equal.
When to make the demand, let alone file an application for the Writ, is a lot more complicated than just counting how long it has been.
Some may see it as irony that the more likely mandamus will succeed the more likely the applicant will be scheduled for oath relatively soon anyway.
Finally, for those who feel that IRCC is exceedingly slow, how it goes before the courts is not likely to cheer them up.
