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).
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..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.
I assume this is for a spousal sponsorship application?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..
It is parents sponsorship. Why is it too early? My application has been pending for background check for 2.5 years (from 2019 intake)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.
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 finishedIf 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 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 anywaysYou 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.
Not according the tracking spreadsheet. Even with error, there are still half of the cases that's not finalized.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
Why CSIS ?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
It is because of the security checkWhy CSIS ?
PGP is handled by IRCC.
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.It is parents sponsorship. Why is it too early? My application has been pending for background check for 2.5 years (from 2019 intake)
And I believe that you already have your detail GCMS Notes on your case.It is because of the security check
Isn't security check done by CSIS?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...
yes, I 've ordered GCMS notes. It shows security check still going onAnd I believe that you already have your detail GCMS Notes on your case.
I agree with what scylla's reply. I have no other suggestion.yes, I 've ordered GCMS notes. It shows security check still going on