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After 36 months: I go for Mandamus! Who else here has hired a lawyer?

mycanada_app

Member
Feb 28, 2014
19
1
eileenf said:
An early congratulations to you (though I'm sure you'll feel more like celebrating after the Oath actually hapens!), Walitys. Thank you kindly for the updates.

eileenf,

I think a class action law suit soon hit the CIC, the way they are handling cases and RQ mess...............I don't think most of us deserve this mess, on top 2 to 3years delay simply unacceptable.

this whole drama of treating applicants with most disrespect, I cant believe this is happening in Canada.


Thanks
mycanada_app
 

gosia

Hero Member
Apr 26, 2013
229
14
Category........
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App. Filed.......
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Doc's Request.
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VISA ISSUED...
Decision made April 15, 2013
LANDED..........
20-06-2013
walitys said:
Hi Everybody,

a small update. A week before the end of 60 days-period (within which the CJ had to make a decision on my application) I contacted my lawyer suggesting either to request a mandamus court hearing on the 60th day of waiting, or to contact CJ to find out, what is going on.

My lawyer said that not CJ, but Dept of Justice's lawyer (representing CIC) has to be contacted. On the same day, the Dept of Justice's lawyer answered, that my application was approved 2 weeks ago! (No changes in eCAS, no written communication so far. Only phone communication between lawyers).

Dept of Justice's lawyer advised "to wait for a few more weeks" for an oath invitation. Hmmmm.... We'll see.

Those, who asked me for my lawyer details, it looks, like you need to wait "for a few more weeks", after which I'll share with you more details.

Cheers,

walitys

(I am in Toronto, St Clair's office, applied in Nov. 2010. - Test and RQ in Dec. 2011 - CJ Hearing in Feb. 2014)
congrats
 

allyp

Full Member
Mar 15, 2013
36
0
walitys said:
Hi Everybody,

a small update. A week before the end of 60 days-period (within which the CJ had to make a decision on my application) I contacted my lawyer suggesting either to request a mandamus court hearing on the 60th day of waiting, or to contact CJ to find out, what is going on.

My lawyer said that not CJ, but Dept of Justice's lawyer (representing CIC) has to be contacted. On the same day, the Dept of Justice's lawyer answered, that my application was approved 2 weeks ago! (No changes in eCAS, no written communication so far. Only phone communication between lawyers).

Dept of Justice's lawyer advised "to wait for a few more weeks" for an oath invitation. Hmmmm.... We'll see.

Those, who asked me for my lawyer details, it looks, like you need to wait "for a few more weeks", after which I'll share with you more details.

Cheers,

walitys

(I am in Toronto, St Clair's office, applied in Nov. 2010. - Test and RQ in Dec. 2011 - CJ Hearing in Feb. 2014)
Congrats walitys. You deserve it. We will wait for your final update.
 

daktrader

Hero Member
Apr 1, 2014
336
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walitys said:
Hi Everybody,

a small update. A week before the end of 60 days-period (within which the CJ had to make a decision on my application) I contacted my lawyer suggesting either to request a mandamus court hearing on the 60th day of waiting, or to contact CJ to find out, what is going on.

My lawyer said that not CJ, but Dept of Justice's lawyer (representing CIC) has to be contacted. On the same day, the Dept of Justice's lawyer answered, that my application was approved 2 weeks ago! (No changes in eCAS, no written communication so far. Only phone communication between lawyers).

Dept of Justice's lawyer advised "to wait for a few more weeks" for an oath invitation. Hmmmm.... We'll see.

Those, who asked me for my lawyer details, it looks, like you need to wait "for a few more weeks", after which I'll share with you more details.

Cheers,

walitys

(I am in Toronto, St Clair's office, applied in Nov. 2010. - Test and RQ in Dec. 2011 - CJ Hearing in Feb. 2014)


Congrats!!
Looking forward to your next update.
 

cicvictim

Newbie
Mar 26, 2014
8
0
Congrats Walitys. Look forward to hearing about the lawyer details.

I just got my ATIP and it shows that correspondence was sent to prepare for test in Dec 17, 2013 but i never received it. Upon my MP's follow up, CIC simply said that those who get the dummy July1 midnight citizenship interview status and don't get any notice to prepare for test correspondence means they won't be called anytime soon. In my case, CIC told them that i will be called for a CJ hearing to explain some flags on my file. The ATIP did not show any reason for RQ, it just said "OB407D triage" and then nothing. It clearly showed the status "Correspondence Sent" and it referred to CIT0521. My MP's follow up has been useless. I have now asked for my physical ATIP file.
In addition, my RQ request came from Mississauga and it specifically said to send my RQ reply to that office. But my ATIP shows that my responsible office was actually St. Clair and there was an additional 2 month delay before St.Clair got all the docs from Mississauga. My Case Status did however said "Regular" priority now, but my File Status says 2-Medium. Don't know what to make of it.

Also, since i changed my address, i might try the MP in my new location - Milton. I dont' hope better results there either but i want to try that before i push for Mandamus. I know i won't be hitting my 36month mark till another year BUT i still want to see my options. The delay in citizenship will limit my career opportunities. Everyone I know in similar situation (travel due to work in the 4 year period) who applied after June 2013 have already taken their oaths. This is ridiculous.
 

cicvictim

Newbie
Mar 26, 2014
8
0
Also, i am convinced that there are some errors here by CIC's reply to my MP as i need to go for a test and interview before i got to a CJ hearing, as per CIC protocols. I don't see how they can say i will be called for a CJ hearing, unless CIC plans to do all three together (CIC process does say that in case one is called for a CJ hearing directly, their interview should be taken just before the hearing, literally before you see the judge)

Any thoughts would be appreciated.
 

moti

Hero Member
Oct 24, 2012
312
3
Congratulations wailtsy, hope you get official letter soon.keep us posted. your case is a light in darkness !! :)
 

Xenophon2010

Member
Jun 3, 2013
10
0
For everyone's info, Walytis lawyer is most likely Lorne Waldman. He charges $3500 to $5000. You can go ahead and contact him if you want! You don't need to wait for his case to be finished lol
 

links18

Champion Member
Feb 1, 2006
2,009
128
Congratulations to you Walitys! Did you ever find out if CIC had recommended refusal to the CJ?

To those talking about filing for Mandamus on their own, remember the old adage: "A person who represents themselves has a fool for a client."
 

links18

Champion Member
Feb 1, 2006
2,009
128
mycanada_app said:
eileenf,

I think a class action law suit soon hit the CIC, the way they are handling cases and RQ mess...............I don't think most of us deserve this mess, on top 2 to 3years delay simply unacceptable.

this whole drama of treating applicants with most disrespect, I cant believe this is happening in Canada.


Thanks
mycanada_app
I think it is telling there is no class action yet. Citizenship applicants have been pretty much abandoned by the legal community in Canada. Besides from the occasional mandamus case, there doesn't seem to be much interest from the immigration bar in litigating the citizenship mess. Personally, I think the entire process needs to be put under court supervision at this point.
 

mtl2014

Star Member
Mar 27, 2014
83
2
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Xenophon2010 said:
For everyone's info, Walytis lawyer is most likely Lorne Waldman. He charges $3500 to $5000. You can go ahead and contact him if you want! You don't need to wait for his case to be finished lol
are you Lorne Waldman ?? ;D ;D ;D ;)
 

links18

Champion Member
Feb 1, 2006
2,009
128
mtl2014 said:
are you Lorne Waldman ?? ;D ;D ;D ;)
More importantly, if you contact Mr. Waldman do you speak with him dorectly or some junior lawyer who has no idea what they are talking about? :D
 

QAI

Hero Member
Apr 12, 2008
244
0
Walitys that is the fighting spirit one needs to survive in Canada!! glad you got your application approved!