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

[samjohns22]

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.

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

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.

links18 -- you are absolutely correct, some People are so scared and they are scaring others.
when CIC says it is 36 months processing time , this is not a law, what is the use of all this time ,and
many applications are just laying on shelves in closed room. I believe any body have completed the test,
and submitted all documents , has the right to request CIC to complete the case and take decision.

 

[egyo]

links18 and samjohns22 I can't agree anymore with what you said, and hopefully I will bring good news about my own case soon

 

[samjohns22]

links18 and samjohns22 I can't agree anymore with what you said, and hopefully I will bring good news about my own case soon

I am in your side , but you miss understood me, your decision is absolutely right, I even recommend
to apply mandamus before 36 months, for me 36 months wait is useless and waste of time, taking into consideration
test/interview passed .

 

[janoo]

Hi Egyo am fully agree with your version and hope you will be hearing some good

news am also waiting to file the case of mandamus and waiting to finalize

the payments schedule ...

 

[egyo]

samjohns22: Yes, I know you are and I do understand you well...that is why I said I agree with you to a complete extent
Thanks janoo....at least after filing it they transferred my file to the local office and started working on it..whatever the decision I am happy that I took this step. It really hurts to see some people who applied two yrs after me getting their citizenship while my file has been put aside for no clear reason

 

[janoo]

Hello, I visited the law firm to check the possibility to file case for mandamus,

lawyer advise me to wait until the processing time to be completed, mandamus

cannot be file now as long your case within processing time. Have completed

32 month and have to wait for another 90 days to see progress than I have to

approach again... fees between 3-5 k, and have win several cases for mandamus

in short time.....

 

[WINDSORAPPLY]

HI janoo ,NOW MY APPLICATION IS OVER 36 MONTHES. IT IS OK FOR MANDAMUS?

 

[janoo]

Yes you are qualify for filing mandamus but check the following :-

When u apply, when you have last correspondence with CIC, if file is moving

smoothly and you have test/interview recently than just wait your oath will

be on the way, if no progress in your file for long time than you may proceed

and bear the cost of lawyer which will be 3-5 k. suggest that you write complete

time line to judge your current situation.. did you order atip report, health report

etc.. did you reply on time for RQ when you receive ? all this matter .

 

[WINDSORAPPLY]

THANKS janoo ,COULD YOU SEND ME A MESSAGE ABOUT THE LAWYER'S NAME AND PHONE NUMBER? THANKS AGAIN

 

[janoo]

have send pm check and make your own decision.. you have not reply the current
status....

 

[WINDSORAPPLY]

Yes you are qualify for filing mandamus but check the following :-

When u apply, when you have last correspondence with CIC, if file is moving

smoothly and you have test/interview recently than just wait your oath will

be on the way, if no progress in your file for long time than you may proceed

and bear the cost of lawyer which will be 3-5 k. suggest that you write complete

time line to judge your current situation.. did you order atip report, health report

etc.. did you reply on time for RQ when you receive ? all this matter .


HI I APPLIED AT AUG 2011， DEC 2012 TOOK THE TEST AND . JAN 2013 GOT THE RQ .FED 2013 RETURNED THE RQ . THEN NOTHING HAPPEN.

 

[janoo]

perfect case for mandamus.... if you can afford the cost than go for it....

also check first thing in the morning with CIC and ask the status as after 35 months

they will follow the case as well so get some feed back from CIC as well.

 

[Msafiri]

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.

....

There is legal opinion in place that a writ applicant can file on the basis of timelines in place at the date of application. CIC had the inventory numbers all along and there is merit in taking the view that they've been sitting on their touches doing nothing about it. If a government department can't make policy plans to deal with an inventory issue why should the end user suffer? CIC is processing hundreds and possibly thousands of Q32013 and Q1/Q2 2014 applicants in ON to oath in 6 months so the writ pain for them is going to get worse!

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

A writ would carry more substance if you were not RQd and had waited a timeline more akin to a pre OB407 post test RQ but there is no clear cut it will fall for refusal or acceptance. CIC bouncing the application is a whole different issue.

 

[egyo]

Hi masfiri, currently I am waiting for Rule 9 to arrive and it took CIC more than two weeks but when I called they told me that they are working on my application...hopefully this means some positive feedback soon. Can they finalize the case before a writ?

 

[janoo]

what is the rule 9 ? please explain.... shortly have to file writ of mandamus..