***>>> January 2020 AOR <<<***

[advdavid]

Hi any in Canada Applicants interested to file a writ of mandamus for issuance of COPR whose applications had already approved in 2020 but holding indefinitely without issuing a COPR please reply

 

[RaghuramRoy]

Hi @legalfalcon , I would really appreciate your opinion on this information I extracted from CBSA notes.

On page 1 it says:
App Status: Open
App Status Reason: In Progress

On page 2 of GCMS the assessments section is as follows:

Assessments:
Eligibility: Passed
Security:
HIRV:
Criminality:Passed
Org Crime:
Medical: Passed
Misrepresentation:
Info Sharing: Complete
Final : Approved

In section named “Group Name” : It says:
CPCO COVID RFV


In the section “FINALIZE APPLICATION” it has some details on document issuance:
But I notice this “Status: Not Started”

There is a COPR section, Status for Primary and spouse says ‘ Not Started’

 

[legalfalcon]

Hi any in Canada Applicants interested to file a writ of mandamus for issuance of COPR whose applications had already approved in 2020 but holding indefinitely without issuing a COPR please reply

If there has been an inordinate delay then writ of mandamus can be filed before the Federal Court asking the court to compel the Minister of Immigration to make a decision on your file. However, each case is different and based on individual circumstances which would determine if the case would succeed or not. You will have to contact a lawyer yo have your case assessed and see whether mandamus is the right option.

Also, the courts will not entertain the case because of a pandemic and courts do not interfere in policy decisions of the government, and closing the border is one of them.

In the past some applicants who were waiting due to security screening have successfully requested mandamus from federal courts, but compelling the minister of issue you a CORP is far fetched thought and is destined to fail.

You can read more on mandamus on this CBA article https://www.cba.org/cba/cle/pdf/Bellissimo.pdf

Also, you can read more on mandamus cases

https://canlii.ca/t/j1vrp
https://canlii.ca/t/jbk59

 

[legalfalcon]

Hi @legalfalcon , I would really appreciate your opinion on this information I extracted from CBSA notes.

On page 1 it says:
App Status: Open
App Status Reason: In Progress

On page 2 of GCMS the assessments section is as follows:

Assessments:
Eligibility: Passed
Security:
HIRV:
Criminality:Passed
Org Crime:
Medical: Passed
Misrepresentation:
Info Sharing: Complete
Final : Approved

In section named “Group Name” : It says:
CPCO COVID RFV


In the section “FINALIZE APPLICATION” it has some details on document issuance:
But I notice this “Status: Not Started”

There is a COPR section, Status for Primary and spouse says ‘ Not Started’

In your case since your application is approved, the document issuance is the COPR. However, many application have been placed on hold, and / or have bene delayed.

CPCPO is Case Processing Centre Ottawa RVF is Ready for Visa.

The status not started is that the document issuance process has not yet been initiated.

If you are inland, you will have to wait for IRCC to wither send you an email to confirm if you are in Canada or use the PR landing portal.

 

[PSpharwaha]

If there has been an inordinate delay then writ of mandamus can be filed before the Federal Court asking the court to compel the Minister of Immigration to make a decision on your file. However, each case is different and based on individual circumstances which would determine if the case would succeed or not. You will have to contact a lawyer yo have your case assessed and see whether mandamus is the right option.

Also, the courts will not entertain the case because of a pandemic and courts do not interfere in policy decisions of the government, and closing the border is one of them.

In the past some applicants who were waiting due to security screening have successfully requested mandamus from federal courts, but compelling the minister of issue you a CORP is far fetched thought and is destined to fail.

You can read more on mandamus on this CBA article https://www.cba.org/cba/cle/pdf/Bellissimo.pdf

Also, you can read more on mandamus cases

https://canlii.ca/t/j1vrp
https://canlii.ca/t/jbk59

Hi @legalfalcon

We always appreciate your valuable feedback. You always guide us towards the right direction. But I must ask you does nobody has the control over IRCCs working ?

Applicants like me who are waiting for more than 15 months in some case more than 1.5 years. What should we do ? Apart from waiting like stupid’s can’t we make IRCC realise that people are being badly affected by this inordinate delay of their applications. Our future plans are stuck. Have we done any mistake by filing PR application between December 2019 to April 2020 ? We are ones who are ignored.

New PR applications are being processed in 2, 4,6 and maximum of 8 months. Why this discrimination is done with pre-pandemic applications only. Is there not any way to woke them up and tell them to clear the backlog. I am afraid our files will need to see some more deadly delays as in couple of days thousand of new applications will be submitted under new program and of course priority will be given to them only.

Please show us some way to come out of this never ending wait. I am CEC inland and referring here for all the inland applicants. Outlanders are in more worst condition than ours.

 

[legalfalcon]

Hi @legalfalcon

We always appreciate your valuable feedback. You always guide us towards the right direction. But I must ask you does nobody has the control over IRCCs working ?

Applicants like me who are waiting for more than 15 months in some case more than 1.5 years. What should we do ? Apart from waiting like stupid’s can’t we make IRCC realise that people are being badly affected by this inordinate delay of their applications. Our future plans are stuck. Have we done any mistake by filing PR application between December 2019 to April 2020 ? We are ones who are ignored.

New PR applications are being processed in 2, 4,6 and maximum of 8 months. Why this discrimination is done with pre-pandemic applications only. Is there not any way to woke them up and tell them to clear the backlog. I am afraid our files will need to see some more deadly delays as in couple of days thousand of new applications will be submitted under new program and of course priority will be given to them only.

Please show us some way to come out of this never ending wait.

No one is saying that no body has control over the working of IRCC. You have to understand when and why a writ of mandamus can be issued. Going to the court is your right and your prerogative. However, getting the outcome of your choice depends on the case and the circumstances.

The travel restrictions have been placed by Public Health Canada. It is in national interest, and no court will interfere with it. This is something across the board and all countries have done it.

Australia had even gone one step ahead, it had stopped its own citizens from returning back, if they are coming from India.

You are not the only one, and as soon as the travel restrictions are lifted, IRCC will allow PR applicants to come in.

Also, many files are not finalised because if the COPR is issued, the file is closed. If an applicant is unable to land, the file has to be reopened, which takes more time, than processing a file which is already open.

 

[NovemberSnow]

I don't get it? What is the link with travel restrictions since inlands have the same issue?

 

[advdavid]

If there has been an inordinate delay then writ of mandamus can be filed before the Federal Court asking the court to compel the Minister of Immigration to make a decision on your file. However, each case is different and based on individual circumstances which would determine if the case would succeed or not. You will have to contact a lawyer yo have your case assessed and see whether mandamus is the right option.

Also, the courts will not entertain the case because of a pandemic and courts do not interfere in policy decisions of the government, and closing the border is one of them.

In the past some applicants who were waiting due to security screening have successfully requested mandamus from federal courts, but compelling the minister of issue you a CORP is far fetched thought and is destined to fail.

You can read more on mandamus on this CBA article https://www.cba.org/cba/cle/pdf/Bellissimo.pdf

Also, you can read more on mandamus cases

https://canlii.ca/t/j1vrp
https://canlii.ca/t/jbk59

Hi

In my opinion there are 4 grounds exist for the Issue of Mandamus.
1.Inordinate delay in processing the application.
2.Against the principle of Legitimate Expectation of the Applicant.
3.Unreasonable and unjust classification of applicants into different categories by prioritizing applications of specific groups.
4.Against the widely accepted general rule of first come first serve.

 

[matteosc]

Hi

In my opinion there are 4 grounds exist for the Issue of Mandamus.
1.Inordinate delay in processing the application.
2.Against the principle of Legitimate Expectation of the Applicant.
3.Unreasonable and unjust classification of applicants into different categories by prioritizing applications of specific groups.
4.Against the widely accepted general rule of first come first serve.

Point 1 is a valid one, but in this moment all applications are delayed, so no "inordinate" situation (unfortunately).

Point 2 is also a valid one, but the concept of "Legitimate Expectation" has to be defined in a pandemic setting: travelling between countries was also a legitimate expectation two years ago, but it is no longer so today.

Point 3 is not a valid one from my point of view. Categories in immigration exist for a reason, defining different requirements and processes and we cannot expect to be subject to the exact same process regardless of our situation.

Similarly, I do not think that point 4 is a valid one: there is not such a rule as every application is unique.

You are of course free to apply for a Mandamus as you wish. Personally, I think it will not work, but I wish you the best if you want to go for it.

 

[PSpharwaha]

No one is saying that no body has control over the working of IRCC. You have to understand when and why a writ of mandamus can be issued. Going to the court is your right and your prerogative. However, getting the outcome of your choice depends on the case and the circumstances.

The travel restrictions have been placed by Public Health Canada. It is in national interest, and no court will interfere with it. This is something across the board and all countries have done it.

Australia had even gone one step ahead, it had stopped its own citizens from returning back, if they are coming from India.

You are not the only one, and as soon as the travel restrictions are lifted, IRCC will allow PR applicants to come in.

Also, many files are not finalised because if the COPR is issued, the file is closed. If an applicant is unable to land, the file has to be reopened, which takes more time, than processing a file which is already open.

I fully agree with you, but what does travel restrictions has to do with inland applicants ?

 

[legalfalcon]

Hi

In my opinion there are 4 grounds exist for the Issue of Mandamus.
1.Inordinate delay in processing the application.
2.Against the principle of Legitimate Expectation of the Applicant.
3.Unreasonable and unjust classification of applicants into different categories by prioritizing applications of specific groups.
4.Against the widely accepted general rule of first come first serve.

The criteria to consider in an application for an Order of Mandamus

[37] The legal test to be applied when determining whether to grant an order for mandamus is set out in Kalachnikov v. Canada (Minister of Citizenship and Immigration),2003 FCT 777, citing Apotex Inc. v Canada (Attorney General), 1993 CanLII 3004 (FCA), [1994] 1 FC 742 (CA), affirmed by the Supreme Court of Canada in [1994] 3 SCR 1110:

1. There is a public duty to the applicant to act;

2. The duty must be owed to the applicant;

3. There is a clear right to the performance of that duty, in particular:

(a) the applicant has satisfied all conditions precedent giving rise to the duty;

(b) there was a prior demand for performance of the duty, a reasonable time to comply with the demand, and a subsequent refusal which can be either expressed or implied;

4. There is no other adequate remedy. [See Note 5 below]

5. The “balance of convenience” favours the applicant (Apotex Inc. v. Canada (A.G.), 1993 CanLII 3004 (FCA), [1994] 1 F.C. 742 (C.A.), aff'd 1994 CanLII 47 (SCC), [1994] 3 S.C.R. 1100, Conille v. Canada (Minister of Citizenship and Immigration), [1992] 2 F.C. 33 (T.D.)).

You cannot use the grounds selectively. The duty is owed to you, but to everyone else, and it is not that only your application is not being processed. Also, you do not meet any of the grounds above.

For more details, you can read the links I shared.

And as always, it is your right to go to the court, which you can exercise anytime.

 

[legalfalcon]

I fully agree with you, but what does travel restrictions has to do with inland applicants ?

There is no distinction between inland and outland applicants under the Immigration LAw.

On the contrary the inland applicants have even a weaker case as they are in Canada and have multiple ways to extend there stay in Canada under the same status.

Also, IRCC is continuing to send COPRs to inland applicants, even though slow, but they are getting it.

 

[Avinash4canada]

Hi @legalfalcon , my AOR is Jan 25, 2020. I have received my GCMS notes today and I see that my application has not been approved yet. IRCC requested for a remedicals in January this year and as per my online account, it has passed on 17th Feb, 2021 . I applied for GCMS on 1st April hoping that there will be a decision made on my application. Can you please advise other than the Assessment part in page 2 and the Notes 1 part where for me it says Requested for Remedicals(it has already passed on feb 17th), is there anywhere else where there would be a note on Additional document requests? Not able to understand why the file is still not approved. I am not looking to travel or a COPR, just a decision on my file would have given me a peace of mind.

 

[RaghuramRoy]

In your case since your application is approved, the document issuance is the COPR. However, many application have been placed on hold, and / or have bene delayed.

CPCPO is Case Processing Centre Ottawa RVF is Ready for Visa.

The status not started is that the document issuance process has not yet been initiated.

If you are inland, you will have to wait for IRCC to wither send you an email to confirm if you are in Canada or use the PR landing portal.

Thank you. I am FSW Outland from India.
The dates on the stages say it was in this state way back in December and the notes were delayed.
The officer notes say that medicals were extended until June and new IME will be requested in case it expires (and it most definitely will).
How long in your experience will someone in my situation have to wait?
Is there any chance of this application being refused/expired at this point?

I understand of course that the pandemic situation is unpredictable.

 

[RaghuramRoy]

Hi @legalfalcon , my AOR is Jan 25, 2020. I have received my GCMS notes today and I see that my application has not been approved yet. IRCC requested for a remedicals in January this year and as per my online account, it has passed on 17th Feb, 2021 . I applied for GCMS on 1st April hoping that there will be a decision made on my application. Can you please advise other than the Assessment part in page 2 and the Notes 1 part where for me it says Requested for Remedicals(it has already passed on feb 17th), is there anywhere else where there would be a note on Additional document requests? Not able to understand why the file is still not approved. I am not looking to travel or a COPR, just a decision on my file would have given me a peace of mind.

look at the officer notes towards the end.
The last few pages have them