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mandamus

lucia19911225

Member
Sep 29, 2021
10
1
Does anyone have experience with mandamus?How much does it cost? How long does the process take? I am from 2019 applicant group, waiting for 2.5years, thinking of mandamus (Tried atip notes, MP, webform...etc already).
 

lucia19911225

Member
Sep 29, 2021
10
1
Unless legalfalcon swoops in with some words of wisdom, I would suggest you contact an immigration attorney. Resort to the prerogative writs in Canadian immigration matters is not common and the few cases that get to court on judicial review usually seek what is, in effect, a writ of certiorari - an order quashing the decision under review and remitting the matter for further consideration.

I take it you are seeking an order in the nature of mandamus because you have received no decision, have grown weary of waiting, and want the court to order the IIRC to get on with the job and to make a decision. I am not aware of any case in which such an order has been granted, but then, I am not an immigration attorney.
Yes this is what my lawyer suggested me to do. I am not sure how long does it take. What I can expect from this....need someone share your experiences please..
 
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scylla

VIP Member
Jun 8, 2010
95,950
22,189
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Yes this is what my lawyer suggested me to do. I am not sure how long does it take. What I can expect from this....need someone share your experiences please..
I assume this is for a spousal sponsorship application?

Based on the very limited examples I've seen on this forum, the sweet spot for mandamus working seems to be the 3 year point. But of course nothing stopping you from trying earlier if you're OK spending the money. I don't know the cost and you should ask your lawyer about that.

If this isn't a spousal (or minor dependent) sponsorship application, then I would say you're a bit early for mandamus.
 
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lucia19911225

Member
Sep 29, 2021
10
1
I assume this is for a spousal sponsorship application?

Based on the very limited examples I've seen on this forum, the sweet spot for mandamus working seems to be the 3 year point. But of course nothing stopping you from trying earlier if you're OK spending the money. I don't know the cost and you should ask your lawyer about that.

If this isn't a spousal (or minor dependent) sponsorship application, then I would say you're a bit early for mandamus.
It is parents sponsorship. Why is it too early? My application has been pending for background check for 2.5 years (from 2019 intake)
 

lucia19911225

Member
Sep 29, 2021
10
1
If it's about PGP 2019, I think a lot of PGP 2019 applicants are still waiting. We are starting to see some PPR and eCOPR.
Why did you decide to go for mandamus?

Even before COVID, PGP takes 2 years... so 2.5 isn't that much longer with delay from COVID
https://www.canadavisa.com/canada-immigration-discussion-board/threads/parents-and-grandparents-sponsorship-2019.611761/page-3538
Yes I am 2019 PGP. Nothing happened in 2020. 2nd medical done in May 2021. Nothing heard after that. I ve heard most of the cases from 2019 are finished
 

lucia19911225

Member
Sep 29, 2021
10
1
You say your lawyer suggested this. Is your lawyer an immigration lawyer? He or she should know the answers to your questions, if giving that advice.

Scylla has been around here long enough to have heard of a least a few cases where pulling the mandamus card has worked. Again, a lawyer who works in the field should be able to give fulsome advice.
Yes I found an immigration lawyer. We wrote letters to CSIS and Case management branch but only got general reply. She thinks rather than waiting, a mandamus is what I have to do anyways
 

scylla

VIP Member
Jun 8, 2010
95,950
22,189
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
It is parents sponsorship. Why is it too early? My application has been pending for background check for 2.5 years (from 2019 intake)
Posted processing time for parent sponsorship is currently 20-24 months. So you aren't that far beyond that at this point. Normally mandamus is effective when you've passed the posted processing time by a significant margin (e.g. spousal sponsorship should take 12 months but someone is sitting at 3 years). But again, your call.

I have to say I find it strange that your lawyer suggested writing CSIS. I'm not sure your lawyer is clear on how security checks work. You might want to shop around for different opinions before committing to this lawyer for mandamus. But that's just my two cents...
 

lucia19911225

Member
Sep 29, 2021
10
1
Posted processing time for parent sponsorship is currently 20-24 months. So you aren't that far beyond that at this point. Normally mandamus is effective when you've passed the posted processing time by a significant margin (e.g. spousal sponsorship should take 12 months but someone is sitting at 3 years). But again, your call.

I have to say I find it strange that your lawyer suggested writing CSIS. I'm not sure your lawyer is clear on how security checks work. You might want to shop around for different opinions before committing to this lawyer for mandamus. But that's just my two cents...
Isn't security check done by CSIS?