Federal Court - Writ Of Mandamus Decision

[Msafiri]

Federal Court WOM decision reaffirms that:

1. Splitting family files where one applicant is RQd is based on CIC decision and CIC can and will decide not to split files.
2. Residency RQ files will not be split.
3. Processing times for WOM application appear to be based on currently quoted average processing timelines as opposed to 'date of application' timelines.

 

[SenoritaBella]

Wow! The Judge dismissed it with costs... ouch!

 

[echorael]

Thanks Msafiri for bringing on this case. This applicant is going to federal court with his case after 23 months from the date of his application I wonder what should we say and we are waiting for more than 40 months. Thanks again

 

[CanuckForEver]

Wow! The Judge dismissed it with costs... ouch!

Does that mean in this case the applicants who lost the case must reimburse CIC the court costs?

 

[Michels]

Logical outcome.. the guy thought he was dealing with a Russian court and ordering them to speed up the process and making "noise".. him being a lawyer there.
He should wait in line like anyone else

 

[SenoritaBella]

Yes...

Does that mean in this case the applicants who lost the case must reimburse CIC the court costs?

 

[egyo]

I am not sure why he went with the writ at 24 months...he should have waited till 36 and this is how lawyers usually recommend

 

[eileenf]

Thanks for posting Msafiri.
It's interesting that the lawyer was Rocco Galati, who has won a series of challenges against the government and is challenging the new citizenship law's banishment clause on the basis that the government has no authority over dual citizens who were born dual citizens, rather than naturalized.

Also , I was glad to read this clause, which while ruling against Tumarkin, acknowledges that the CIC does not have carte blanche to unilaterally define "reasonable" as the average processing timeline:
[18] While average waiting times are not necessarily determinative of acting “within a reasonable time”, such averages give a benchmark from which to assess delay regarding both the particular file and the system. In this case, the processing of Mr. Tumarkin’s application falls within the average wait time and there is no evidence that the average is created by a malfunctioning under-resourced system.

 

[Msafiri]

...
Also , I was glad to read this clause, which while ruling against Tumarkin, acknowledges that the CIC does not have carte blanche to unilaterally define "reasonable" as the average processing timeline:
[18] While average waiting times are not necessarily determinative of acting “within a reasonable time”, such averages give a benchmark from which to assess delay regarding both the particular file and the system. In this case, the processing of Mr. Tumarkin's application falls within the average wait time and there is no evidence that the average is created by a malfunctioning under-resourced system.

Ditto...good the FCJ re-iterated this effectively stating Mandamus threshold and thus the 'reason-ability' aspect for citizenship applications is not only based on average processing times (APT)...e.g. what if it APT goes to 60 months. The faster processing times out east haven't dropped down the average times...seems they are holding them steady. An assessment of the Mandamus regime seems probably best post 4 year physical presence clause being operational next summer as it should see average timelines drop. Until then CIC seem to have nipped this WOM (within APT) route in the bud.

 

[mathlete]

LOL applied in October 2012. I applied in 2011 and I"m still waiting...