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

[walitys]

36 months passed. I applied in November 2010.
So in November 2013 I hired a lawyer and "am going to court" for Mandamus!

Who else here has hired a lawyer and works towards Mandamus?
Please share your experiences as you go.

I have interviewed several lawyers. Some interviews were free, some not. 1 consultation costed 200$ and another one 300$ (which I cancelled). The fees for the Case quoted to me were 3600$, 5000$ and 7500$. I am at the very beginning, but will gladly report on how it will go on. Please share your experiences.

 

[Swede]

36 months passed. I applied in November 2010.
So in November 2013 I hired a lawyer and "am going to court" for Mandamus!

Who else here has hired a lawyer and works towards Mandamus?
Please share your experiences as you go.

I have interviewed several lawyers. Some interviews were free, some not. 1 consultation costed 200$ and another one 300$ (which I cancelled). The fees for the Case quoted to me were 3600$, 5000$ and 7500$. I am at the very beginning, but will gladly report on how it will go on. Please share your experiences.

Did you get RQed?

Just out of curiosity, what makes you need citizenship so soon that you're willing to pay that kind of money to have it expedited maybe a few months sooner?

 

[walitys]

Yes, RQ was sent to me next day after I had my test (which I successfully passed).

Why I sue CIC?
I waited too long already. It has been 38 months now.
Last eCas record is 27 months old.
Justice delayed is justice denied.
I do not want my file to be ignored for 2 more years (no one knows for how long).
I want the court to check, whether this delay is a violation of my rights.
Or whether I need to shut up and wait in the line. We'll see.

 

[nguyentu2001]

Yes, RQ was sent to me next day after I had my test (which I successfully passed).

Why I sue CIC?
I waited too long already. It has been 38 months now.
Last eCas record is 27 months old.
Justice delayed is justice denied.
I do not want my file to be ignored for 2 more years (no one knows for how long).
I want the court to check, whether this delay is a violation of my rights.
Or whether I need to shut up and wait in the line. We'll see.

Gluck with your application. It has been really long for your application.

 

[PMM]

Hi

Yes, RQ was sent to me next day after I had my test (which I successfully passed).

Why I sue CIC?
I waited too long already. It has been 38 months now.
Last eCas record is 27 months old.
Justice delayed is justice denied.
I do not want my file to be ignored for 2 more years (no one knows for how long).
I want the court to check, whether this delay is a violation of my rights.
Or whether I need to shut up and wait in the line. We'll see.

I suggest that before spending great gobs of money, that you take a look at the Federal Court decisions re: Mandamus and Citizenship

http://decisions.fct-cf.gc.ca/site/fc-cf/en/nav.do Search on "Mandamus" "Citizenship"

 

[walitys]

Thank you, PMM, for the link.
Those cases you suggest to explore are NOT about delay in processing of a citizenship application.
My case is about unreasonable delay in CIC processing of a simple citizenship application.

 

[links18]

There has to be some case law as to what constitutes an "unreasonable" processing time for a citizenship application? Of course, the facts of the case will likely come into play. If your file has just been collecting dust for 3 years, you probably have a case. On the other hand, if they have actually been "doing something" to process the file, maybe not.

 

[zardoz]

Thank you, PMM, for the link.
Those cases you suggest to explore are NOT about delay in processing of a citizenship application.
My case is about unreasonable delay in CIC processing of a simple citizenship application.

Doesn't the fact that you received an RQ immediately take it outside the constraints of the published "processing time"? Just curious...

 

[links18]

Doesn't the fact that you received an RQ immediately take it outside the constraints of the published "processing time"? Just curious...

35 months is the current processing time for "non-routine" applications (or at least 80 percent of them). This, however just tells us how long CIC is taking to process them. It doesn't tell us if this is "reasonable."

 

[walitys]

At the recent seminar on immigration, representatives of CIC "acknowledged that the processing times are not reasonable". If you want to know specifically who said this, and which position this person holds, I can not answer this question. This was quoted to me by a participant of this seminar in November 2013.

 

[links18]

At the recent seminar on immigration, representatives of CIC "acknowledged that the processing times are not reasonable". If you want to know specifically who said this, and which position this person holds, I can not answer this question. This was quoted to me by a participant of this seminar in November 2013.

Sounds like evidence for a mandamus case. Subpoena it.......

 

[walitys]

Interesting: seems like nobody in this forum AND who applied in 2010 goes for mandamus.
Why?

 

[Pippin]

Have you applied for your GCMS and/or Physical Files? It might be a useful tool to know the timeline along which your application is proceeding.

 

[eileenf]

Walitys, if you are interested, I may be able to put you in contact with a member of the Association of Future Canadians who was laying the groundwork for a Mandamus suit after his application had been in process since early 2010. His case was resolved and he was granted citizenship before going to court (supposedly CIC often approves Mandamus cases prior to court if the case looks "approvable". It's not worth the lawyer time to go to court unless the application looks like one they really want to deny).

 

[walitys]

Walitys, if you are interested, I may be able to put you in contact with a member of the Association of Future Canadians who was laying the groundwork for a Mandamus suit after his application had been in process since early 2010. His case was resolved and he was granted citizenship before going to court (supposedly CIC often approves Mandamus cases prior to court if the case looks "approvable". It's not worth the lawyer time to go to court unless the application looks like one they really want to deny).

Yes, Eileen, I'd appreciate that.
"Not worth the lawyer time to go to court" - Do you mean a CIC's lawyer's time?