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
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
More soon 
