https://atimmigrationlaw.com/how-can-a-writ-of-mandamus-help-with-your-immigration-application/
OVERVIEW
Seeking a writ of mandamus against IRCC (an order directing IRCC to issue a decision with respect to a delayed immigration application) can be a very effective method in getting IRCC to finalize the processing of a delayed immigration application. Assuming your immigration application is in order and a positive decision can be issued,
there are no negative consequences for taking IRCC to Federal Court (this is a frequent question we get).
Steps from a well known Lawyer:
long-form blog, which includes our internal thresholds for delays for different types of applications.
Given that the Minister is able to suspend processing under s.13.1 of the Citizenship Act legally, it is very important to know whether the processing of your application has been suspended or put on hold. You can see this in the GCMS notes and/or tracker. You can also generally get this info by calling IRCC and/or speaking to the MP.
If processing is indeed suspended – we have to challenge the reasonableness of the suspension – which is a lot more complicated, and the standard fees will not apply.
STEPS
Below, you will find some general information about the mandamus process.
1. Preparing the Application for Leave and Judicial Review. The mandamus process begins with our firm preparing, serving, and filing an Application for Leave and Judicial Review (ALJR), with the Federal Court. The ALJR sets out the relief you are seeking (an order directing IRCC to issue a decision) and the grounds for your request. The issuance of an ALJR starts proceedings at Federal Court and lets IRCC know that you are seeking a writ of mandamus, which often leads to a delayed application being actioned and/or finalized. At the same time, it is important to note that while many of our files are finalized without ever being perfected (see below), the issuance of the ALJR serves as a tentative threat, and if your immigration application is not finalized within a certain time frame, you will have to proceed to perfect the mandamus proceedings.
DEMAND LETTER-If you have contacted IRCC about your application and asked them to issue a decision via webform – can proceed to the first step of the mandamus process as described above. In other words, you do not need to pay an additional fee to prepare a demand letter. If you have not, please do so as we cannot proceed without a prior demand for performance.
2.
Perfecting the ALJR. If necessary, we will “perfect” the mandamus proceedings by filing an Application Record with the Federal Court. The Application Record contains the evidence you will rely on in support of the relief you are seeking (i.e., writ of mandamus) as well as our legal submissions. The Application Record allows the Federal Court to understand your case. Perhaps even more importantly, perfecting establishes a proper legal proceeding before the Federal Court and
forces IRCC to respond as IRCC either has to: (i) within 30 days, file responding materials with the Federal Court justifying the delay in processing; or (ii) issue a decision (which makes the litigation moot).
The ALJR utilizes a standard Federal Court form that requires you to state whether you have
or have not received “reasons” with respect to your pending immigration application. This has nothing to do with reasons for the delay and stems from a generic procedural requirement that is inapplicable to mandamus proceedings.
While you can discontinue the ALJR without perfecting (if your application is approved), we ask that you
only retain our services if you are able to proceed with the perfection (should this be required).
3.
Leave Decision and Hearing. If the IRCC does serve and file responding materials (within the prescribed 30 days from the time the matter is perfected), after some time, the Federal Court file goes before a judge who decides whether the matter should be heard. This typically takes 5-6 months from the time the IRCC files its materials and is referred to as the “leave” stage (leave to be heard by the Court).
