February 2024 - Citizenship Applications
- Thread starter PR->Citizen->OCI
- Start date
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).
Wow, I have no intent of taking them to the court. It will come when it has to. I will wait it out, although it is frustating wait. But thanks for sharing the information.
Husband and I applied on Feb 19, 2024. Last update on file was on July 18 last year and nothing after that. I had a ghost update on Jan 15, but nothing changed as far as steps are concerned. Background and Prohibitions are still "in progress", while ceremony is "not started". I reached out to my local MP, and this is the response they got from IRCC.
- The file is open and remains in progress.
- In terms of assessments, knowledge, language, residency, and criminality are passed.
- Prohibition has not been started.
- Security is in progress. There are no recent notes on the file.
- It’s a non-routine application due to security being under review.
- This assessment is conducted by a third party, IRCC partners, and the IRCC officer is not allowed to intervene in the process or expedite it.
- The file is pending results from the IRCC partners.
Anyone else had this? Not sure why mine is a non-routine, while my husband got this:
- The application is open and remains in progress.
- In terms of assessments, knowledge, language, residency, and criminality are passed.
- Prohibition assessments have not been started.
- Security assessment is in progress.
- The Vancouver citizenship office is working on the file.
Last edited:
@Kumarp the only difference I can see is that maybe (emphasis on maybe!) your husband's security screening has been completed by CSIS and sent to IRCC who didn't mark it yet as complete yet. In this case, there's a chance your husband's background check gets marked as complete soon. Obviously, there's also a possibility that "working on the file" is here an euphemism for "waiting for CSIS" and both applications are in practice stuck at the same point.
And unfortunately, the security screening wait is quite common and happens to a sizable minority of applicants. Better be patient, many 2023 (or even 2022) applicants in this forum are in the same situation...
Good luck!
And unfortunately, the security screening wait is quite common and happens to a sizable minority of applicants. Better be patient, many 2023 (or even 2022) applicants in this forum are in the same situation...
Good luck!
Exact same thing with me. Everything is passed for my spouse but for me only the BC is still in progree and I called IRCC and agents said the exact same thing. Its with third party and we dont know when it will be comeplete. Its been 14 months for me since we filed our application.
Hello everybody,
It has been a couple of months since I started reading posts her and I would like to thank everybody who shares their experience and updates. Also I am adding my timeline here.
Hopefully, we will be done with this painstakingly long journey soon.
Application sent: 2024-02-02
AOR: 2024-02-19
2024-03-26: Citizenship Test updated to In Progress
2024-04-03: Citizenship Test completed on Tracker
2024-05-22: Prohibition, Language, and Physical presence marked as completed
No more updates from Tracker
GCMS notes:
2024-04-03 File assigned to C8340 (Mississauga Office)
2024-05-21 File reviewed - Pending RCMP Results
2024-07-18 File Reviewed (no details or notes)
2024-07-26 MP follow-up through call centre - no action
2024-09-20 File reviewed
2025-01-15 Updated date:
File moved to Vancouver Citizenship
Location: Grant Clearance Pending (it was e-grant pending with Mississauga)
It has been a couple of months since I started reading posts her and I would like to thank everybody who shares their experience and updates. Also I am adding my timeline here.
Hopefully, we will be done with this painstakingly long journey soon.
Application sent: 2024-02-02
AOR: 2024-02-19
2024-03-26: Citizenship Test updated to In Progress
2024-04-03: Citizenship Test completed on Tracker
2024-05-22: Prohibition, Language, and Physical presence marked as completed
No more updates from Tracker
GCMS notes:
2024-04-03 File assigned to C8340 (Mississauga Office)
2024-05-21 File reviewed - Pending RCMP Results
2024-07-18 File Reviewed (no details or notes)
2024-07-26 MP follow-up through call centre - no action
2024-09-20 File reviewed
2025-01-15 Updated date:
File moved to Vancouver Citizenship
Location: Grant Clearance Pending (it was e-grant pending with Mississauga)