After 36 months: I go for Mandamus! Who else here has hired a lawyer?
- Thread starter walitys
- Start date
walitys,
1. As advised get your GCMS notes via ATIP to see what the hold up is. Its usually a background checks expiry loop where one of your 3 checks is always expiring thus having to be re-run and by the time that is done one or both of the other checks have expired and guess what re-run time again!
2. I think your application is a bit premature. It just slightly exceeds published process times which for all we know may increase. Mandamus threshold appears to be at the 4 year mark.
3. What is the major problem you are having due to the delay? The Judge needs a solid reason - something that is an inconvenience isn't necessary acceptable.
4. Don't sweat the costs you can claim against CIC but case law shows the FC usually wants everyone to meet their own costs.
Good luck - you have nothing to lose and everything to gain!
1. As advised get your GCMS notes via ATIP to see what the hold up is. Its usually a background checks expiry loop where one of your 3 checks is always expiring thus having to be re-run and by the time that is done one or both of the other checks have expired and guess what re-run time again!
2. I think your application is a bit premature. It just slightly exceeds published process times which for all we know may increase. Mandamus threshold appears to be at the 4 year mark.
3. What is the major problem you are having due to the delay? The Judge needs a solid reason - something that is an inconvenience isn't necessary acceptable.
4. Don't sweat the costs you can claim against CIC but case law shows the FC usually wants everyone to meet their own costs.
Good luck - you have nothing to lose and everything to gain!
Msafiri said:
I agree with the above. There used to be another forum similar to this one (although with far fewer discussions) which had a thread dedicated to mandamus. Unfortunately that forum disappeared about a year ago along with the mandamus thread. There were 2 (I believe?) who were successful with mandamus - but I'm quite certain they were well over four years when the filed and the advice they were giving to others was to wait until the 4 year threshold is exceeded. However this is obviously an individual choice. Pity that forum is gone. The mandamum thread would have been helpful here.
Hi Scylla, are you thinking of this forum? https://secure.immigration.ca/forum/forum_topics.asp?FID=3&title=canadian-citizenship If so, it's still around, though it is less active.scylla said:
Again, my timeline:
Nov. 2010 - Applied
Sept 2011 - Test passed, RQ and last eCas record
Oct 2013 - 35 months of waiting, hiring a lawyer.
November 2013 - filed for mandamus
CIC call agent told me, that...
December 2013 - the word "Mandamus" appears in an e-mail sent to CIC for the 1st time,
Jan. 8, 2014 - 2nd e-mail in my records mentioning mandamus,
Jan. 21, 2014 - RQ processing was finalized
Jan. 28, 2014 - "they are looking into your file right now". "The file is about to be forwarded to St.Clair. To schedule a hearing".
I am cautiously optimistic. It seems, like the pressure is building up. My file was taken off the shelf.
Nov. 2010 - Applied
Sept 2011 - Test passed, RQ and last eCas record
Oct 2013 - 35 months of waiting, hiring a lawyer.
November 2013 - filed for mandamus
CIC call agent told me, that...
December 2013 - the word "Mandamus" appears in an e-mail sent to CIC for the 1st time,
Jan. 8, 2014 - 2nd e-mail in my records mentioning mandamus,
Jan. 21, 2014 - RQ processing was finalized
Jan. 28, 2014 - "they are looking into your file right now". "The file is about to be forwarded to St.Clair. To schedule a hearing".
I am cautiously optimistic. It seems, like the pressure is building up. My file was taken off the shelf.
Do you know why you were RQd? Any of the triggers apply to you e.g. US status, extensive travel with no stamps, self employment, unemployment, ME residence etc?
There is one thing to go for Mandamus which is for CIC to take some action and there is another which is for your application to get approved.
What did you submit in your RQ to back up your claimed residence?
CIC if on the ball can just deny this (via referal to the CJ) and deal with your appeal with more ammo....hopefully you are watching your residence obligation if you are not residing in Canada!
There is one thing to go for Mandamus which is for CIC to take some action and there is another which is for your application to get approved.
What did you submit in your RQ to back up your claimed residence?
CIC if on the ball can just deny this (via referal to the CJ) and deal with your appeal with more ammo....hopefully you are watching your residence obligation if you are not residing in Canada!
My "RQ triggers": self-employment, visiting my country of origin once a year, visiting USA, having lived abroad (6 months) after submitting my application.
But I am in full compliance with any residency obligations, and maintain my PR status at all times.
But I am in full compliance with any residency obligations, and maintain my PR status at all times.
