You might have heard from others who have been waiting for an immigration decision for a while about an application called “Mandamus”. You probably want to know what it is before seeking legal assistance. We have handled many such applications, so here is a short overview of the application and the process.
What is Mandamus:
In Canadian law, Mandamus is a legal remedy that can be sought when an individual believes that the government or a government official has unreasonably delayed or failed to make a decision on their immigration application.
Mandamus is a court order (here meaning the Federal Court) that compels the government or its officials to perform their duty and make a decision on the application within a reasonable timeframe. It is typically used as a last resort when other avenues of recourse, such as administrative reviews or appeals, have been exhausted or are not available.
How to apply for Mandamus:
To apply for Mandamus, the applicant must demonstrate that there has been an unreasonable delay in processing their immigration application and that they have a legitimate expectation to a timely decision. The court will review the circumstances of the case and determine whether the delay is unreasonable and if issuing a Mandamus order is appropriate.
There are a few preliminary steps that should be completed first, before the Mandamus application should be filed. In our experience, most of the applications either resume or finalize processing once we complete these steps with our customers.
It’s important to note that Mandamus is a legal process and should be undertaken with the assistance of an immigration lawyer . They can provide guidance on whether Mandamus is a viable option in a specific situation and navigate the legal complexities involved.