Mandamus

[SaM2022MaS]

Hi last week I filed Mandamus for citizenshipapplication, yesterday I received a no reason letter, today I received a Notice for Apearance, I replied to that email and they told me that IRCC decided to go for a hearing?
What is my next step, who had this experience?

 

[dpenabill]

Hi last week I filed Mandamus for citizenshipapplication, yesterday I received a no reason letter, today I received a Notice for Apearance, I replied to that email and they told me that IRCC decided to go for a hearing?
What is my next step, who had this experience?

Talk to your lawyer.

If you do not have a lawyer and you want to pursue Mandamus relief, get a lawyer.

Mandamus is not really, not practically anyway, the kind of procedure a person can handle pro se (by self-representation). Mandamus is complex enough that even lawyers are known to sometimes struggle properly pursuing it.

Beyond that . . .

I was drafting some if this, then that observations about the Mandamus procedure, but I suspect the "Notice for Appearance" means IRCC is proceeding to defend its position before the Federal Court, so if you do not know how to proceed from here you are really way in over your head. Be aware that if your case is unsuccessful the Federal Court can assess costs including fees (that is, order you to pay the government for the government's costs in defending the action), and these can be quite a lot.

Note, among the most common mistakes made in pursuing mandamus relief in regards to citizenship applications:

-- error in framing the relief sought (Federal Court cannot order IRCC or the Minister to grant citizenship, so an application for an order to compel IRCC to grant citizenship will not succeed)​

-- failure to properly establish the grounds for mandamus relief (mere delay, for example, is NOT enough to establish grounds for relief)​

-- failure to adequately or properly make the requisite demand for relief prior to making an application to the Federal Court for mandamus relief​

Again, this is lawyer-up stuff.

 

[ramz]

I went through something similar with my citizenship application a while back. When I got a hearing notice, I made sure to gather all my documents and anything that could help my case. It really helped to have a lawyer on my side for advice and support, too. Just stay in touch with IRCC for any updates and try to stay calm.

 

[SaM2022MaS]

I went through something similar with my citizenship application a while back. When I got a hearing notice, I made sure to gather all my documents and anything that could help my case. It really helped to have a lawyer on my side for advice and support, too. Just stay in touch with IRCC for any updates and try to stay calm.

Did you did that your self, Have you reach the hearing? Or Did they changed their mind within the process?
Please let me know the process, duration and the steps you went through?
Thanks

 

[luckyuser]

Did you did that your self, Have you reach the hearing? Or Did they changed their mind within the process?
Please let me know the process, duration and the steps you went through?
Thanks

any updates ?

 

[Usamanforever]

Hi last week I filed Mandamus for citizenshipapplication, yesterday I received a no reason letter, today I received a Notice for Apearance, I replied to that email and they told me that IRCC decided to go for a hearing?
What is my next step, who had this experience?

Hi there, I went for mandamus too, after receiving the notice of application you will probably get appearance notice, most mandamus cases won't go through hearing, only about 10% of cases will go to hearing. After getting the NOA, IRCC will most likely issue a decision within 60 to 90 days, sometimes a bit over that, unless a case is very complex and has concerning security issues it might go to hearing. Nowadays mandamus are often seen against IRCC and it is becoming more normal for them to deal with, sometimes they will settle specially if the delay is over 2 years for TRP, and sometimes they will ask the court to give them sometime like 60 to 90 days to issue a decision. I know a friend who had inadmissibility problems and he engaged the federal court, the next day after notice of application his TRP was rejected. BTW, for this you must have a lawyer you cannot do it yourself even if you are in Canada. good luck

 

[Arshdeep Tanghi]

Hi! I submitted a complete PR application under the Self-Employed Federal Program on June 15, 2020. IRCC only acknowledged receipt in September 2023, and as of May 2025, only the criminality check is complete, no progress on eligibility, medical, or security. Despite multiple webforms and calls, I’ve received no updates. I’d appreciate your advice on legal options to address this delay.

 

[Usamanforever]

Hi last week I filed Mandamus for citizenshipapplication, yesterday I received a no reason letter, today I received a Notice for Apearance, I replied to that email and they told me that IRCC decided to go for a hearing?
What is my next step, who had this experience?

What This Means​

• IRCC is not agreeing to settle or act on the application right now.
• The DOJ (representing IRCC) wants to argue in court that mandamus isn’t appropriate — possibly claiming the delay isn’t "unreasonable."
• A hearing will be scheduled where a judge will decide whether IRCC must act.

Next Steps for You​

1. If you are self-represented:​

• After Notice of Appearance, the next steps may be:
  • Affidavit from Respondent (IRCC): DOJ will file evidence or documents justifying the delay.
  • Your friend can reply with their own affidavit or written arguments.

2. If the DOJ says they are proceeding to a hearing:​

• Either side may request scheduling for the hearing.
• Your friend should be ready to argue why the delay is unreasonable and why a judge should order IRCC to act.

3. You should gather:​

• GCMS notes or proof of how long the application has been delayed
• Proof of contacting IRCC and getting no meaningful update
• Evidence showing the delay has caused hardship (if any)
• Legal precedent (other mandamus cases for citizenship)

4. Mandamus hearings can be complex, especially if DOJ is opposing.​

• If affordable, you should hire a lawyer or seek a legal aid clinic
• Even a one-time consultation can help prepare strong arguments

Friend of mine Has Had This Experience​

This happens fairly often with long-delayed IRCC files (including citizenship, PR cards, study permits). Some real experiences include:

• IRCC suddenly making a decision before the hearing date to avoid court
• DOJ filing an affidavit claiming security checks or “backlogs” to justify delay
• Judges sometimes granting mandamus if delay is excessive and IRCC is silent

Hope it helps

 

[canuck78]

Hi! I submitted a complete PR application under the Self-Employed Federal Program on June 15, 2020. IRCC only acknowledged receipt in September 2023, and as of May 2025, only the criminality check is complete, no progress on eligibility, medical, or security. Despite multiple webforms and calls, I’ve received no updates. I’d appreciate your advice on legal options to address this delay.

This is not a citizenship issue.

 

[dpenabill]

xxx

Hi! I submitted a complete PR application under the Self-Employed Federal Program on June 15, 2020. IRCC only acknowledged receipt in September 2023, and as of May 2025, only the criminality check is complete, no progress on eligibility, medical, or security. Despite multiple webforms and calls, I’ve received no updates. I’d appreciate your advice on legal options to address this delay.

This is not an appropriate venue for obtaining legal advice or legal opinions. Moreover, this part of the forum is specifically about citizenship (mostly for those Canadians who only have Canadian PR status and are applying to become a Canadian citizen). There are more relevant parts of the forum for processing applications made by non-Canadians (Foreign Nationals), including those applying for permanent residence.

I do NOT follow discussions about applying for permanent residence in Canada, so I cannot comment on the timeline you are experiencing. If what you learn from other sources and in the discussions in the other part of the forum about PR application processing indicates you are experiencing an unusually long delay, it might be time to see a Canadian immigration lawyer to explore your options.

One of the very few things I agree with in the posts by @Usamanforever (otherwise to be ignored) is that for pursuing mandamus relief in the Federal Court "you must have a lawyer you cannot do it yourself even if you are in Canada."