Anyone this forum has ever filed for Writ of Mandamus him/herself?

[egyo]

Hi all,
Anyone this forum has ever filed for Writ of Mandamus him/herself? Is it true that most cases fail? This is not what my lawyer told me.

Also, my lawyer told me that:
as a result of changes to the Citizenship Act, the Federal Court has slightly altered the way in which it is handling citizenship applications. The changes only came into effect on August 1st, 2014, along with the other changes to citizenship proceedings. The prior procedure was what we discussed - after filing our application in Federal Court, we would have 30 days to file an Affidavit. Within that same timeframe, we were to receive a copy of your entire file from CIC. The Minister would then have 30 days to file their Affidavit in response to ours. The hope was that the Minister might offer to settle the case prior to filing their Affidavit. If they filed an Affidavit, we would have the opportunity to cross-examine their witnesses and then we would both have to file our Arguments in support of the case.

In the new procedure, we have to file the Affidavit as well as our arguments and any documents we want to rely upon within the next 30 days. In the new procedure we will not be provided with a copy of the file from CIC at this point in the process. As such, we will have to gather as many as the documents as possible that you might have to put the Record together so that we can make our arguments. The Minister will then have 30 days to respond. As before, we hope that they might offer to settle within those 30 days. If not, we will have an opportunity to know what their position is with respect to your case, at which point we can decide how to proceed. So the strategy remains the same: file our Affidavit and arguments and see what position the Minister takes. At that time, we can decide how to proceed.

I will keep you all posted with regard to my case. Wish me good luck

 

[iris66]

Good luck and hope this work out for you.

 

[WINDSORAPPLY]

THANKS

 

[WINDSORAPPLY]

HI egyo that is new steps of Mandamus? I know somebody took Mandamus then they need to see citizenship judge. and during the process of Mandamus they needn't to apply more documents because we all have provided documents with rq.

 

[janoo]

Hi EGYO. Thanks for sending me private message for lawyer name, now am
negotiating lawyer charges, any suggested amount as seem that you have already
hire the services. kindly let me know urgently so I can also file the case for
mandamus..

 

[moti]

hi egyo, please inbox me the lawyer' name and applicable fee.

 

[egyo]

Thanks everyone. Today I called CIC to ask them to send a letter to the processing centre to inquire about the status of my application since I completed 3 yrs of waiting, and I was told that they satrted working on my file and that it has been transferred to the local office for a decision and hence moving forward. I am not sure if this has anything to do with the mandamus I started two weeks ago or if it is a good sign or not...but I am happy that AT LAST someone started to look at the file and make a decision. Wish me luck More soon

 

[moti]

Best of luck, egyo, hope you get citizenship soon.keep us updated. did you already file the writ 2 weeks ago ?

 

[egyo]

Hi Moti, Yes, it has been filed two weeks ago...hopefully transferring my file back to the local office and starting working on it means good news soon

 

[Mary Chad]

Hi Moti, Yes, it has been filed two weeks ago...hopefully transferring my file back to the local office and starting working on it means good news soon

\\


Yes Indeed a good sign (Possible Oath soon) Good Luck & Keep US posted

 

[O_Ca]

Wish you all the best and good luck. Kindly message me your lawyer name. Thank you.

 

[unitedbritishphilippines]

In order to apply for a writ of mandamus you must check the following:

1. That you are in excess of the processing times greatly (one to six months from the maximum processing times does not seem to be excessive). The processing times should be at the time you checked and not at the time you applied.

2. You must have exhaust all administrative and procedural means towards the said end ( it means you have written CIC a couple of times after the maximum processing times and not within the processing times, you have involved your MP and the Minister's Office already and you have written the Case Officer at the Case Processing Center regarding your case)

3. You must have equipped yourself with FOSS, GCMS Notes and ATIP papers showing that your files has not been moved or any action was taken after the Bring Forward Date.

In case you have not satisfied all of the above, your filing of a Mandamus would certainly fail.

The complications is greater if CIC suspects that you are among those who raised red flags.

Mandamus is only applied to compel CIC to act on your application. It does not say CIC is required to approved it.

If you are an RQ receipient, most likely your Mandamus would fail.

Try to file and spend thousands of dollars for nothing.

 

[egyo]

 

[Canadiandesi2006]

Hi all,
Anyone this forum has ever filed for Writ of Mandamus him/herself? Is it true that most cases fail? This is not what my lawyer told me.

Also, my lawyer told me that:
as a result of changes to the Citizenship Act, the Federal Court has slightly altered the way in which it is handling citizenship applications. The changes only came into effect on August 1st, 2014, along with the other changes to citizenship proceedings. The prior procedure was what we discussed - after filing our application in Federal Court, we would have 30 days to file an Affidavit. Within that same timeframe, we were to receive a copy of your entire file from CIC. The Minister would then have 30 days to file their Affidavit in response to ours. The hope was that the Minister might offer to settle the case prior to filing their Affidavit. If they filed an Affidavit, we would have the opportunity to cross-examine their witnesses and then we would both have to file our Arguments in support of the case.

In the new procedure, we have to file the Affidavit as well as our arguments and any documents we want to rely upon within the next 30 days. In the new procedure we will not be provided with a copy of the file from CIC at this point in the process. As such, we will have to gather as many as the documents as possible that you might have to put the Record together so that we can make our arguments. The Minister will then have 30 days to respond. As before, we hope that they might offer to settle within those 30 days. If not, we will have an opportunity to know what their position is with respect to your case, at which point we can decide how to proceed. So the strategy remains the same: file our Affidavit and arguments and see what position the Minister takes. At that time, we can decide how to proceed.

I will keep you all posted with regard to my case. Wish me good luck

Wish you all the best, can you please advise your application processing dates such as application submission, process start, if undergone test and how long you have been waiting. Indeed its just a nightmare for candidates waiting endlessly without a clue.

Once again, wish you best of all. Hope you get it soon ;D ;D

 

[links18]

In order to apply for a writ of mandamus you must check the following:

1. That you are in excess of the processing times greatly (one to six months from the maximum processing times does not seem to be excessive). The processing times should be at the time you checked and not at the time you applied.

False. Otherwise, CIC could take as long as they wanted, ten years or more, and everyone else's unreasonable delays would serve as justification for your unreasonable delay. This is circular reasoning. At a certain point, the delay become objectively unreasonable, regardless of where your file sits compared to everyone else. CIC seems to recognize that 36 months is too long, and we have seen cases here of CIC immediately moving a file to completion upon filing of mandamus after 36 months.

2. You must have exhaust all administrative and procedural means towards the said end ( it means you have written CIC a couple of times after the maximum processing times and not within the processing times, you have involved your MP and the Minister's Office already and you have written the Case Officer at the Case Processing Center regarding your case)

Its a good idea to have done these things as they increase your chances of mandamus succeeding, but they are not "required."

If you are an RQ receipient, most likely your Mandamus would fail.

False again, as we have people on this forum who got RQ, but achieved results from filing a Mandamus action. Sometimes the goal is to get CIC to move to complete the file, not necessarily to win the court case.