if processing times are longer than what they have listed on the CIC website anyone can file the mandamus order with court. All public officials are OBLIGATED to process application within processing times. If they delay they can be sued. It's very popular in USCIS. Lots of applicants sue the govt for delaying processes and they win most of the time. Remember IRCC does not like checks and balances especially Federal court
those responsible officers should be accountable for their work just like we are for our work. Plus they get paid because of our gov't filing fees which are thousands of dollars wasted.
Hi there,
You sound frustrated. You're right about filing a mandamus, however its success won't hinge on their posted statistics for processing times. It will have to constitute an unreasonable delay in the making of the decision. That's an opportunity for the Government's lawyers to list the Departmental priorities, and the existing inventory of applications at the time of the filing for mandamus.
Lots of people take the immigration department to the Federal Court of Canada (FCC) - it's over 80% of the FCC's business the last time I was aware of their statistics. The Department of Justice has Immigration Sections in their offices and they have huge caseloads, so threatening Immigration with litigation isn't likely to make anyone shudder with apprehension.
Immigration decision-makers are accountable for their work by both the courts and their management and they get paid from the Treasury like all public servants. Immigration fees go into the Treasury but they don't collect nearly enough to pay their staff, purchase equipment & lease office space.
A successful mandamus wins the litigant a decision. Maybe the person gets to stay and apply for PR status. Maybe the applicant just accelerated their return to their home country with a negative decision.
If it's negative, threaten them with an appeal to the FCC - they won't mind.