The Ultimate Guide to Mandamus IRCC in Canada: What You Need to Know
A Writ of Mandamus in Canada is a powerful legal remedy when Immigration, Refugees and Citizenship Canada (IRCC) takes too long to decide your application. Whether you are waiting for permanent residency, citizenship, or other immigration results, a Mandamus application can compel action. This page covers the process, costs, and success rates of Mandamus in Canada.
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This article explains the Writ of Mandamus and invites you to complete an assessment form so Crest Attorneys’ team can review your situation. It highlights that, while based in Saskatoon as a Saskatchewan immigration lawyer, Crest Attorneys assists clients across Canada and internationally through secure online consultations and document handling.
Table of Contents
What is a Writ of Mandamus?
A Writ of Mandamus is a court order directing a government official or public body to perform a duty, often used when rights are violated or responsibilities are unmet. It is particularly useful when you are waiting beyond the IRCC processing time for the final decision on your application.
When Should You File a Writ of Mandamus Against IRCC
No matter what type of application, if you are waiting longer than the promised processing time given by IRCC, you can start filing a Writ of Mandamus.
In this link, you can check the latest IRCC process time .
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Your application is complete and IRCC has all required documents.
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Normal IRCC processing times have passed with no decision.
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IRCC has not provided valid reasons for the delay.
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You have tried other reasonable steps (e.g., webform requests) without success.
How Crest Attorneys Tackles IRCC Processing Delays
Crest Attorneys has experience with helping clients overcome delays by helping them apply for a Mandamus IRCC. The purpose of a writ of mandamus is to help the client get a decision on their immigration application by compelling the Immigration, Refugee and Citizenship Canada (IRCC) to process and determine the already delayed application. Notwithstanding the cause of the delay, Crest Attorneys can help.
Writ of Mandamus Example: Successful Case Studies by Crest Attorneys
Our client had been waiting over two years for their permanent residency application to be finalized, with no response from IRCC. Crest Attorneys filed a Mandamus IRCC on their behalf, and within two months, the client received their final results. This case highlights the effectiveness of strategic legal action in overcoming prolonged administrative delays.
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How long does a mandamus IRCC case take in Federal Court?
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Writ of Mandamus Process Step-by-Step
Mandamus IRCC is a legal remedy or a Court order that compels a decision maker or a public officer to perform their duty within a set time frame. In the immigration context, a writ of mandamus can be utilized at the Federal Court to compel administrative decision-makers like the IRCC visa officers or the CBSA officers etc to process and determine a delayed immigration application by a set date. To activate this remedy, a delay must have occurred, and the applicant must not be the cause of the delay.
It is important to note that throughout all stages of mandamus, IRCC may choose to finalize your application. From day 1 when your lawyer sends the demand letter until the hearing session, there's a possibility of getting final results on your application.
Mandamus Process Diagram
1.Demand letter IRCC
Sending the demand letter initiates the mandamus process. This action is referred to as stage 1 of mandamus, where the letter requests IRCC to finalize the application .
2. Your case will be filed in federal court by lawyer
If IRCC doesn’t respond to your lawyer’s demand letter, you need to proceed to stage 2. In this stage, your lawyer will file your application in the Federal Court of Canada .
3. IRCC will send the latest update on the application
The parties involved in this lawsuit are you, the applicant, on one side, and on the other side, the IRCC ( Immigration, Refugees and Citizenship Canada), designated as the respondent in court. It’s important to note that the IRCC is also represented by a lawyer.
Within 10 days of filing the case, the court will send a notice to the IRCC, providing them with a 30-day window to submit the latest update on application.
4. Your lawyer filed the Memo.
After receiving the update of your application, your lawyer has 30 days, with an additional 10 days, to submit the necessary documents, including the memo.
In a comprehensive memo, relying on precedent cases that have successfully navigated the court, your lawyer systematically challenges each of the officers(IRCC) for delaying finalizing the application. Ultimately, your lawyer requests the judge to allow the case to proceed to court and ask the officer for final decision
5. The IRCC lawyer may file a memo in response to your lawyer's memo
Sometimes, within 30 days after the submission of your lawyer’s Memo, the IRCC will send its Memo in the form of a response to the court.
In this Memo, the IRCC lawyer will defend IRCC and provide supporting reasons for the delay in finalizing the application
6. Hearing session
In the hearing session, the judge will make a decision on the case, and there are two possible outcomes.
7. Judge requests IRCC to finalize the application
If the judge allows the case to enter the court, sets a time for the hearing: usually between 30 and 90 days after granting the leave.
8 . The judge dismisses the case
A dismissal does not mean your application is refused. However, you are still required to wait for IRCC to make a decision after the dismissal.
9. Application will be finalized.
“Throughout all stages of mandamus, IRCC may choose to finalize your application. From day 1 when your lawyer sends the demand letter until the hearing session, there’s a possibility of obtaining final results on your application.
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7. Judge requests IRCC to finalize the application
If the judge allows the case to enter the court, sets a time for the hearing: usually between 30 and 90 days after granting the leave.
8 . The judge dismisses the case
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Common questions :
Can I hire a law firm registered in another province to assist with my Mandamus application?
Yes, you can hire a law firm from a different province. Crest Attorneys has successfully represented Mandamus clients across Canada and internationally.
Does filing a Mandamus application negatively affect the outcome of my immigration case?
No, Mandamus does not have any negative effect on your application. It is a legal tool that may help prompt a decision on delayed files.
What is the purpose of a Mandamus IRCC demand letter, and how is it submitted to IRCC?
Our lawyer will email the demand letter to various IRCC offices.We also provide you with a copy to submit through the IRCC webform. The purpose of the letter is to formally request action on your delayed application before initiating court proceedings.
How Much Does a Mandamus Application Cost in Canada?
The cost of a writ of mandamus typically includes two main components: lawyer fees and a court filing fee, which is $50 CAD. At Crest Attorneys, we understand that many immigrants come from developing countries, and affordability is essential. That’s why at Crest Attorneys, we offer affordable Mandamus application services for immigration clients across Canada.
To learn more about our legal fees for a writ of mandamus, message us on WhatsApp, and our friendly support team will gladly assist you.
What happens if IRCC does not respond to the demand letter?
If IRCC does not respond, you have two options: proceed to Stage 2 of the Mandamus process or resend the demand letter. At Crest Attorneys, we resend demand letters as many times as needed at no additional cost.
The second option is to pursue the process in stage 2 of mandamus, which involves filing your application in the Federal Court of Canada. Stage two constitutes a legal trial, and the court will continue proceedings in this matter.
Can I use a Mandamus citizenship application to challenge the delay in my Canadian citizenship case?
Yes. You can file a Writ of Mandamus for any type of immigration application, including Canadian citizenship, permanent residency (PR) applications, study permits, refugee claims, and more, if IRCC has taken an unreasonable amount of time to make a decision on your case.
Can a Saskatchewan immigration lawyer help with my case if I am located in another province or country?
Yes, Dami can represent your case regardless of your location. We have represented clients across Canada and around the world.
The second option is to pursue the process in stage 2 of mandamus, which involves filing your application in the Federal Court of Canada. Stage two constitutes a legal trial, and the court will continue proceedings in this matter.
Stage Two of Mandamus IRCC
The second stage of mandamus IRCC is done at the Federal Court and it only becomes necessary if the delays persist after doing the first stage of mandamus. The second stage of writ of mandamus starts with filling an Application for Leave and Judicial Review (Mandamus) at the Federal Court then the court registry will request the reasons for the delay from the decision-maker and a copy will be provided to the parties.
At Crest Attorneys, our clients usually get a decision on their immigration application before we receive the reasons for the delay from the court registry.
What Is a Hearing Session?
If we receive the reasons for the delay before the immigration application is decided, then an application record (consisting of a memorandum of argument and affidavit etc ) will be submitted to the court on behalf of the client. At this point, most clients doing the writ of mandamus get a decision on their immigration application. Only in a few instances will the decision maker present their own argument which will necessitate an oral hearing and a decision of the court. If the writ of mandamus is successful, the court will compel the decision-maker to render a decision on the application by a set date.
Crest Attorney Mandamus Sucess Story in Hearing Session
The Federal Court ordered that the Minister of Citizenship and Immigration must make a decision on the Applicant’s Temporary Resident Visa (TRV) application within 30 days. The Court granted the application for judicial review, finding that the significant delay in processing the TRV, despite repeated inquiries and compelling personal circumstances, was unreasonable. The Court concluded that the Applicant had met all the legal conditions for a writ of mandamus and emphasized that the Respondent’s justifications for the delay, including background checks, were inadequate. No costs were awarded in this matter.
You can read this application on the Federal Court website; please click on the link below.
Read More : https://www.canlii.org/en/ca/fct/doc/2024/2024fc1994/2024fc1994.html
The Success Rate of Writ of Mandamus Applications in Canada
The success rate of writ of mandamus applications in Canada can vary depending on a number of factors, including the specific circumstances of the case, the jurisdiction, and the legal arguments presented by the applicant.
While the overall success rate of the writ of mandamus applications in Canada can be challenging, our firm’s expertise and dedicated approach significantly enhance the chances of a favorable outcome
However, it is important to note that this figure is a general estimate and may not accurately reflect the success rate in all jurisdictions or for all cases. The success rate can also vary depending on the specific legal issues involved and the strength of the applicant’s case.
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Answers to your legal queries at Crest Attorneys.
Can the second stage of mandamus be completed without first completing the first stage?
No, the second stage necessitates the completion of the first stage of mandamus.
What documentation is required to file a mandamus?
To file a mandamus, you will need a scanned passport and a submission letter
Is it possible for an officer to reject a case for filing a mandamus?
By filing a mandamus, you are only seeking the final result, and officers will never reject your case for filing a mandamus.
Is it necessary to inform your immigration consultant to file a mandamus?
No. There’s no need to inform your immigration consultant, as this action is separate from your profile, and filing a mandamus doesn’t require access to your immigration application.
What is the expected timeframe for receiving a final response after filing a mandamus?
Each case varies, and thus an exact timeframe cannot be provided. However, responses generally occur within one to four months of filing a mandamus.
If you are experiencing delays in the processing of your immigration application, contact Crest Attorneys to help you assess your options and evaluate your chances. Don’t let long delays hinder your immigration plans.