After 36 months: I go for Mandamus! Who else here has hired a lawyer?

[links18]

I do have a question when is the accepted time for me to writ a mandumus now i am on my 30 month after applying for the citizenship.will appreciate your answer.
also do any one know any good lawyer in montreal??? any suggestions???

thanks

There is no real "accepted time." It depends on the facts of your case. Many lawyers probably won't take the case unless your file has been sitting past the average processing time. Of course, CIC does not publish average processing times. They only publish times for 80 percent of cases. Mandamus is supposed to be based on a "reasonable" time to complete a public duty owed to an individual. You tell me what a "reasonable" time frame is to complete a citizenship application? Certainly, it is some point before 3 years.

But there are a few things you are supposed to do before the court will consider issuing a writ of mandamus. For one, you are supposed to make a demand for the completion of the duty and give CIC a reasonable opportunity to respond. You also cannot have had any hand in the delay yourself.

 

[Akroom]

There is no real "accepted time." It depends on the facts of your case. Many lawyers probably won't take the case unless your file has been sitting past the average processing time. Of course, CIC does not publish average processing times. They only publish times for 80 percent of cases. Mandamus is supposed to be based on a "reasonable" time to complete a public duty owed to an individual. You tell me what a "reasonable" time frame is to complete a citizenship application? Certainly, it is some point before 3 years.

But there are a few things you are supposed to do before the court will consider issuing a writ of mandamus. For one, you are supposed to make a demand for the completion of the duty and give CIC a reasonable opportunity to respond. You also cannot have had any hand in the delay yourself.

link18 thanks for your reply i appreciate it but what do you mean by a demand for the completion of the duty shall i send them a letter to ask about my status?i already called cic and off course you know the answer which is wait till you pass the 36 month and give us a call.me i didn't cause any delay what they asked for i submit on time.your input is highly appreciated

 

[links18]

link18 thanks for your reply i appreciate it but what do you mean by a demand for the completion of the duty shall i send them a letter to ask about my status?i already called cic and off course you know the answer which is wait till you pass the 36 month and give us a call.me i didn't cause any delay what they asked for i submit on time.your input is highly appreciated

Yes, send a letter to the local office that is handling your case. If they don't reply or reply with a stock "you have to wait, you are in queue to be reviewed" w/o any firm indication of when you can expect a decision, you could be setting up a mandamus claim. But perhaps it is best to run it by a lawyer who knows all the facts of your case.

 

[Akroom]

link18

thanks. i will do that and will keep everybody posted

 

[roarktheman]

How is the 36-month time period arrived at? Is it OK to file a case, say after an year of no movement on the application?

Is there any opportunity to file a class action? It seems like there is no process in place or defined way to prove the residence. Most of us are being pushed into this "Blackhole" like queue.

This system seems totally broken at so many different levels. Can we do something collectively to get some traction?

 

[Akroom]

This is closer.
I received my GCMS physical files 3 days ago (ordered them in November 2013). I saw just ... 120 pages of my original docs!
After almost 3 years of waiting - they just ticked the residency coalculator page and added my test results (19 of 20). That's it.
5 pages are blocked from viewing though.
And oh, there was also a handwritten note - as a reply to the fax I sent them after 33 months urging them to make a decision - "we were not able to reach you. Your RQ is is a queue to be assessed".
:


what is the GCMS physical file??? is it the RQ file that i submitted? do i have the authority to have those files??? how can i do that??thanks

 

[Akroom]

sorry guys but i am actually new to those things is the GSCM the same like ATIP??
thanks

 

[links18]

sorry guys but i am actually new to those things is the GSCM the same like ATIP??
thanks

ATIP (Access to Information) is the legislation that permits you to get access to your GCMS notes (Global Case Management System). Actually, if you request GCMS under the Privacy Act rather than ATIP, you don't have to pay for them.

 

[links18]

How is the 36-month time period arrived at? Is it OK to file a case, say after an year of no movement on the application?

Is there any opportunity to file a class action? It seems like there is no process in place or defined way to prove the residence. Most of us are being pushed into this "Blackhole" like queue.

This system seems totally broken at so many different levels. Can we do something collectively to get some traction?

Mandamus can only be used to right individual wrongs. There may be other grounds for class action, such as the vast discrepancies in processing times between local offices, but the fact that such suits are not currently in process tells you something about how interested the legal community is in such things.

Probably, most lawyers are not going to want to file a mandamus case until your file has been sitting w/o a final decision beyond the quoted 80 percent processing times--currently 36 months for a non-routine application. Most lawyers are not going to want to waste their time or your money on a case that is less than clear.

 

[Akroom]

ATIP (Access to Information) is the legislation that permits you to get access to your GCMS notes (Global Case Management System). Actually, if you request GCMS under the Privacy Act rather than ATIP, you don't have to pay for them.

links18
yes i did that request before but i didn't know it has such a name!!

 

[roarktheman]

Thanks links. Makes sense.

I am wondering if we could collectively reach out to an immigration lawyer and discuss if there is any way out of this processing nightmare.

It does not seem like a personal or individual case rather it is the broken processing system that is putting so many individuals in this confused situation.

One of the posters mentioned how hard it is to understand what exactly is being requested. Everything is so open to interpretation and there are no clear cut policy/process guidelines. Now to prove physical residence, should every PR person visit a doctor every other month? What exactly works as evidence?

Government should find the reasons why immigrants are leaving the country, if that is the issue. Seems like they are already conceding defeat in that aspect and trying other crude methods. Not sure where they will take the country with these tactics, instead of trying to solve the real problem.

Anyways, good luck to all of us and good luck to Canada. Hope all of us together will go in the right direction.

 

[RQ2009]

Hi Walitys,
Can you share the information about the lawyers you chose for the Writ of Mandamus ?

 

[Akroom]

i do have a question is sending a letter to the local office would do any good?like is it going to make them check my file or it would never do any thing as if i am talking to the wall??

 

[links18]

i do have a question is sending a letter to the local office would do any good?like is it going to make them check my file or it would never do any thing as if i am talking to the wall??

It might do absolutely nothing on CIC's end. But by sending it you may be setting up a possible mandamus action if they fail to respond or respond with stock holding language.

 

[u4g5]

I think its BRUTAL to give RQ after an applicant has passed citizenship test! if they have questions, why not ask b4 an applicant's final step? this is the part of administration everyone dislike