If you wait LONGER than 36 months - WHY exactly you do NOT file for Mandamus?

[walitys]

It would be interesting to learn, what may be grounds of NOT filing for Mandamus after waiting for 36 months and more.

If you wait LONGER than 36 months - WHY exactly you do NOT file for Mandamus?

Is it because...
...it is too expensive?
...you never hired a lawyer before?
...you do not want to attract additional attention of CIC to your file?
...citizenship can wait - as long as it takes?
...or else?

Feel free to share your thoughts.

 

[links18]

Some people do not want to spend thousands of dollars on something that may not even work.

Others may be so confident they will eventually be approved they don't think it is worth the investment.

Some have never heard of Mandamus or realize its even possible.

Others maybe can't find a competent lawyer to take the case.

Still others may not have a case for mandamus even at 36 months, if there is evidence CIC has been "moving" their file.

Those are some reasons I can think of.....

 

[ZYXWVU98]

I think most people see it quite expensive, some of those depending on where they originally come from, are afraid of retaliation from the government.

 

[links18]

some of those depending on where they originally come from, are afraid of retaliation from the government.

Good Point.

Another question: why even wait 36 months to file for mandamus at this point? Is three years reasonable to process a citizenship application, especially when there is evidence it is going much faster in some parts of the country?

 

[docrui]

its too expensive and really why should we even have to file one the system is a bloody joke I'm thinking its all a hoax so they can hiring more people.I have filed a official complaint against the Winnipeg office and no one has gotten back to me .when they told me someone would contact me directly B.S just like the 1 800 line ... got RQ'ed one week after passing my test in January 2013 I lived in Canada for 40 years now ...seems to be any one that filed in 2010 here gets RQ'ed by the same person ... She issues RQ"s out like its Halloween ....Trick or Treat ........

 

[ramsfe]

its too expensive and really why should we even have to file one the system is a bloody joke I'm thinking its all a hoax so they can hiring more people.I have filed a official complaint against the Winnipeg office and no one has gotten back to me .when they told me someone would contact me directly B.S just like the 1 800 line ... got RQ'ed one week after passing my test in January 2013 I lived in Canada for 40 years now ...seems to be any one that filed in 2010 here gets RQ'ed by the same person ... She issues RQ"s out like its Halloween ....Trick or Treat ........

Actually, according to ATIP requests made by several citizenship applicants including myself, your statement is not totally wrong as at some point, precisely between june 2012 and march 2013, a huge majority of the cases got RQed, mainly because of the A5 and C1 risk factors that CIC used to find potentially fraudulent applications. In their exchanges between each other ( we have the emails they sent to their managers), they all had huge doubts about the risk factors and about the fact that because of this most applicants are getting RQed due to OB407 !

All of this changed starting august 2013 ( maybe a little bit before) when OB407 got replaced by OB 407D that waived most of the RQ's and replaced them with more thorough questionning during the citizenship interview after the test. A lot of applications that got RQed back then are getting reviewed now and a lot of people are reporting that their cases are finally moving. In some Privacy Act requests, people even saw that their applications had clearly the following status " According to OB 407D, this applicant doesn't need an RQ anymore, Residency will be verified during interview"

 

[links18]

its too expensive and really why should we even have to file one the system is a bloody joke I'm thinking its all a hoax so they can hiring more people.I have filed a official complaint against the Winnipeg office and no one has gotten back to me .when they told me someone would contact me directly B.S just like the 1 800 line ... got RQ'ed one week after passing my test in January 2013 I lived in Canada for 40 years now ...seems to be any one that filed in 2010 here gets RQ'ed by the same person ... She issues RQ"s out like its Halloween ....Trick or Treat ........

How long has your application been pending total in Winnipeg? Unfortunately, filing a complaint isn't going to solve much--you have to sue them in court. Yes, its probably too expensive for most people. So is it a form of line jumping for people with resources to sue?

 

[Swede]

I would never spend a single cent on a lawyer unless I was legally forced to. As far as I'm concerned, it'll take the time it takes.

 

[nguyentu2001]

It would be interesting to learn, what may be grounds of NOT filing for Mandamus after waiting for 36 months and more.

If you wait LONGER than 36 months - WHY exactly you do NOT file for Mandamus?

Is it because...
...it is too expensive?
...you never hired a lawyer before?
...you do not want to attract additional attention of CIC to your file?
...citizenship can wait - as long as it takes?
...or else?

Feel free to share your thoughts.

I applied in 2011 and still waiting.
Even if I hear nothing from them for 36 months, I would not go Mandamus because
- Having Canadian citizenship or not in the next 5 years does not affect what I do here. With my passport and visas, I could go visit pretty much any country I want. Been living, studying and working here for almost 10 years under PR status...all seems fine.
- Yes, it is expensive
- I don't mind waiting longer.

 

[nguyentu2001]

How long has your application been pending total in Winnipeg? Unfortunately, filing a complaint isn't going to solve much--you have to sue them in court. Yes, its probably too expensive for most people. So is it a form of line jumping for people with resources to sue?

Well, you keep saying..sue..sue..sue but it really depends on each person's situation. You probably don't even know for sure if your own case will be successful or not as you go for Mandamus. Some of us do not have or want to spend that much of money for a lawyer unless legally forced. It also depends on the success rate of suing in these cases. We would like to see you succeed with your case. Maybe you will be a good example of suing the government and won. Gluck!

 

[walitys]

Right, it is individual decision, what to spend your money at.
For me hiring a lawyer to press CIC for activity/decision pays out so far.
I do not regret it yet ;D

 

[nguyentu2001]

Right, it is individual decision, what to spend your money at.
For me hiring a lawyer to press CIC for activity/decision pays out so far.
I do not regret it so far.

All the best to your case!!! Looks like it is on good progress! Cheers

 

[Swede]

Right, it is individual decision, what to spend your money at.
For me hiring a lawyer to press CIC for activity/decision pays out so far.
I do not regret it yet ;D

Do you know for a fact that it was your lawyer who got your case moving?

 

[walitys]

Do you know for a fact that it was your lawyer who got your case moving?

Well, maybe it was just one of those wonderful days at the CIC local office...
The sun was shining and one nice CIC officer suddenly exclaimed: "Hell, there are people out there waiting for processing of their cases since 2010! I have to help them! I want to start right now! And I want to start with... walitys! Ok, walitys has filed for mandamus, but the most important thing is: CIC owes walitys a public legal duty to act! Justice delayed is justice denied!"

 

[mediGOL]

I applied in 2011 and still waiting.
Even if I hear nothing from them for 36 months, I would not go Mandamus because
- Having Canadian citizenship or not in the next 5 years does not affect what I do here. With my passport and visas, I could go visit pretty much any country I want. Been living, studying and working here for almost 10 years under PR status...all seems fine.
- Yes, it is expensive
- I don't mind waiting longer.

Hi
I applied on 2010 and still waiting, I SUBMIT my RQ on March 2011, I am really disappointed, it is really unfair situation, it is going to effect my job now. God must help us.

Medigol