Writ of Mandamus Applications
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If your Canadian immigration application is facing an unreasonable delay, you may consider filing a Writ of Mandamus. This legal action is used to compel IRCC to make a decision on your pending application.
What is a Writ of Mandamus?
A writ of mandamus is a legal order issued by a court directing a government authority to fulfill its lawful obligations. In the context of immigration, this remedy may be pursued when Immigration, Refugees and Citizenship Canada (IRCC) fails to process an application within a reasonable period—indicating an excessive delay or a silent refusal to act on the application. This legal action can be relevant to multiple Canadian immigration programs, such as Study Permits, Work Permits, Visitor Visas, and Permanent Residency (PR) applications.
Fact-Specific Outcome
The outcome of a mandamus application largely hinges on the specific facts, justifications, and duration of the delay involved in each individual case.
Prolonged and Unjustified Delay
IRCC’s published average processing times can serve as a reference point when determining if the delay is excessive or acceptable under the given circumstances.
Extraordinary Legal Measure
A mandamus order is considered an exceptional legal remedy and should not be used to gain preferential treatment. It is typically suitable only in cases of considerable and unjustifiable delay.
The Legal Criteria for Issuing a Writ of Mandamus
The Federal Court has outlined specific criteria that must be met before a writ of mandamus can be granted. This type of court order requires a government body or official to carry out a legal obligation. In the context of Canadian immigration, this remedy is particularly important for applicants who may need to prompt immigration officials to take action through judicial means.
Lastly, the court weighs the pros and cons of issuing the writ. It evaluates whether granting the writ is appropriate under the circumstances, considering both the applicant’s and the government’s interests.
The person requesting the writ must prove that no other effective legal solution exists. Other legal channels must either be exhausted or proven inadequate to compel the performance of the duty.
A court will only grant a writ of mandamus if it leads to a real and useful outcome. The ruling should prompt the government entity to take the necessary steps to resolve the issue the applicant is facing.
The legal duty must specifically apply to the individual requesting the writ. In immigration matters, this might refer to an applicant whose file is under review by the IRCC or a similar authority.
The applicant should have met all the required criteria that activate the legal responsibility of the official. Additionally, the following must have occurred:
A formal request for the duty to be carried out;
A reasonable amount of time given to fulfill the request (unless the request is directly denied);
A refusal to act, which may be explicitly stated or inferred due to excessive delay.
The applicant must not be disqualified from obtaining the writ due to fairness-related reasons. This includes matters like improper conduct or an unfair benefit that may arise from the order.
When the responsibility involves the official's judgment or discretion, the court will analyze how that discretion was applied. The focus is on whether the decision-making process was fair, rational, and legally sound.
To issue a writ of mandamus, there must be a defined public legal responsibility requiring a government authority or official to take a specific action. This means the law must clearly direct the official or agency to carry out a certain duty. For instance, if immigration regulations state that an officer must review applications within a reasonable period, this creates a legal obligation.
Before vs After Mandamus
Without Writ
- Long delays
- No answers
- Confusion
With Writ
- Legal pressure applied
- Court reviews action
- Legal clarity
How long should you wait before applying for a Writ of Mandamus?
The ideal waiting period before pursuing a mandamus application in Canadian immigration cases varies based on individual circumstances and the type of application involved. Certain applications, such as Temporary Resident Visas (TRVs), may justify a shorter waiting time compared to more complex applications like those for Permanent Residency.
Evaluate standard processing times.
First, to determine whether a delay is unreasonable, start by comparing how long your application has been in process against the standard timelines listed on the IRCC website. If your application has been pending significantly longer without updates or explanations, it may be a cause for concern.
Consider known delays or exceptional conditions.
Second, if there are publicly acknowledged delays—such as those caused by backlogs, system updates, or pandemic-related disruptions—these factors should be taken into account when determining whether the delay is unreasonable.
Submit a formal request to IRCC before initiating Mandamus.
Third, Before moving forward with a Mandamus application, it’s important to confirm that there has been a prolonged period of inactivity on your file, with no valid reason provided. The most reliable way to check this is by submitting an ATIP request to access your GCMS notes, which show the detailed history of your application.
Submit a formal request to IRCC before initiating Mandamus.
Fourth, Prior to filing a Mandamus application, you must make a formal request to IRCC asking for action on your file. After submitting this request, allow a reasonable time for a response. While no specific timeframe is defined, a waiting period of several weeks to a few months—depending on the type of application—is generally appropriate.
By following these steps, you can ensure that your Mandamus request is filed only after demonstrating that a significant, unjustified delay has occurred and that reasonable efforts to resolve the issue have been made.
How to Accelerate the Processing of Your Immigration File by IRCC and Prepare for a Writ of Mandamus?
A Writ of Mandamus is a legal remedy obtained by submitting an application for judicial review and leave to the Federal Court of Canada. This process has strict procedural rules involving documentation, filing, and notifying the other party. Given the complexity, it’s highly advisable to work with an experienced immigration lawyer.
The primary objective is to prompt IRCC to fulfill its obligation—specifically, to issue a decision on your pending immigration file. IRCC will evaluate the legal risk and decide whether to oppose the mandamus request. This step gives a chance for your application to be reviewed before initiating litigation.
We carefully draft a strong Demand Letter , clearly stating our intent to seek a writ of mandamus and requesting IRCC to resume processing your file. The letter outlines your unique situation and explains how it fits the legal standards required for mandamus. Typically, IRCC is given a 25-business-day window to act before a Leave Application is submitted to the Federal Court.
A well-drafted Demand Letter can significantly strengthen your case. If your argument is compelling and the letter is persuasive, IRCC may choose to proceed with processing to avoid court involvement. In such cases, no further legal action is necessary.
Should IRCC fail to act within the 25-day period, the next step is to submit a Leave Application to the Federal Court.
This includes formally notifying the court and serving notice to the Department of Justice (DOJ). We then prepare and submit a legal factum that outlines the facts of your case and our legal arguments in favor of issuing a writ of mandamus. Relevant documents are included to support the case. After submission, the DOJ will respond with their own factum, arguing why the writ should not be granted.
During the legal process, we actively seek to resolve the matter. If IRCC agrees to resume processing within a reasonable time, legal proceedings may be halted. In case of continued delays, a new application can be initiated later.
To move forward with the writ of mandamus, permission from the Federal Court is required. This is known as the leave stage . A judge will review your application, including the factums and evidence. Based on this review, the judge will either grant or deny leave. This decision usually takes between one to two months and is not accompanied by an explanation.
If leave is granted, a hearing will be scheduled within three to four months. If leave is denied, the case is closed with no option for appeal.
The hearing takes place in front of a Federal Court judge. Both parties—the applicant and the DOJ—will present their arguments and supporting documents during this session.
A ruling from the court may take anywhere from 2 to 6 months, although more complicated matters could take longer. The judge will issue a written decision, explaining the reasoning and either granting the writ of mandamus or rejecting the request.
How do we assist our clients in preparing Mandamus applications?
Our process begins by obtaining the GCMS notes related to your immigration file. These notes help us determine whether it’s appropriate to proceed with submitting a Letter of Demand to IRCC and eventually filing a mandamus application with the Federal Court.
If the GCMS notes reveal a prolonged lack of progress or an unreasonable delay in handling your case, we carefully prepare a compelling Letter of Demand addressed to IRCC, requesting action on your file. We allow a reasonable timeframe for IRCC to take the necessary steps to move your application forward.
Should IRCC fail to act within the given period, we proceed by submitting a Leave Application to the Federal Court, seeking a writ of mandamus. During the legal process, we maintain communication with the Department of Justice to explore the possibility of resolving the issue without further litigation. Settling the case early can save both time and expenses while achieving the outcome you seek.
Frequently asked questions
If you still have questions about Mandamus applications or other methods to accelerate your immigration processing to Canada, the following information should help clarify :
To be eligible, there must be :
a legal duty that the government agency must perform,
that duty owed to the applicant,
all applicant obligations must be fulfilled,
a formal request for action must have been made,
and no other suitable remedy should exist.
No, applying for a mandamus order will NOT harm your immigration case. The IRCC does not penalize applicants for seeking legal action in response to unreasonable delays. Canada respects the rule of law, and mandamus is a lawful measure to prompt action on your application.
Yes, delays caused by security assessments can be contested, but the court will assess if those checks are being carried out within a reasonable timeframe under the circumstances.
The typical steps include sending a formal demand letter to IRCC, filing an application for judicial review with the Federal Court, and—if needed—arguing your case in court.
The court reviews the length of the delay, its effect on the applicant, IRCC’s reasons (if any) for the delay, and whether all other solutions have been tried and exhausted.
Common causes include a high volume of submissions, missing or incomplete paperwork, extended background checks, or delays in security clearance.
Often, IRCC will resume processing once a demand letter is received. In some cases, the issue may be resolved without going to court. However, if no action is taken, attending a hearing at the Federal Court may become necessary.
A delay is considered unreasonable if it significantly exceeds IRCC’s standard timelines without proper justification.
You’ll need proof of delays, records of communication with IRCC, documentation showing how the delay has impacted you, and any other relevant supporting evidence.
Typically, you should wait at least six months beyond the usual processing time for your application. That said, the wait may vary based on the type and circumstances of your immigration case.
You may consider a mandamus application if your immigration file has experienced prolonged delays and all other attempts to speed up the process have failed.
The primary benefit is compelling the IRCC to act on your pending file, potentially reducing stress and long periods of uncertainty.
Yes. You can try contacting your Member of Parliament, using the IRCC web form for updates, or double-checking that all your documents are complete and accurate.