Applicants waiting for more than 2 years interested in Mandamus with a firm as a group meet here !!!

[harirajmohan]

These dates means nothing. Why later applicants are getting oath invites? They use these dates only to shut people's mouth to not object to their internal affairs.

Yes, right. There is no consideration of when applicants applied. They just go with their mood.
I am trying to build the case which gives us advantage using their own statements/estimates.

 

[rubz9911]

PIN THIS THREAD ON MAIN PAGE !!

 

[DejavuCA]

These dates means nothing. Why later applicants are getting oath invites? They use these dates only to shut people's mouth to not object to their internal affairs.

And the funny(!) thing is, even those hilarious dates sometimes don’t move for weeks hahajsjahshshshshshsh

 

[cobie2]

For those interested you can look up citizenship Mandamus cases on Canlii. Here are some cases I found from the last 3 years and a brief summary of the reasons why the mandamus application was dismissed or accepted:

1. https://www.canlii.org/en/ca/fct/doc/2020/2020fc1029/2020fc1029.html?searchUrlHash=AAAAAQAIbWFuZGFtdXMAAAAAAQ&resultIndex=1 (Mandamus denied, IRCC officer had suspended the citizenship application because of info received from Interpol regarding outstanding criminal charges against the applicant).

2. https://www.canlii.org/en/ca/fct/doc/2019/2019fc590/2019fc590.html?searchUrlHash=AAAAAQAIbWFuZGFtdXMAAAAAAQ&resultIndex=4 (Mandamus denied, IRCC officer suspended citizenship application while investigating applicant's father's citizenship - applicant had applied as a child of a Canadian citizen. IRCC received info leading them to initiate citizenship revocation proceedings against the father, who had failed to disclose all his absences from Canada prior to citizenship application).

3. https://www.canlii.org/en/ca/fct/doc/2019/2019fc938/2019fc938.html?searchUrlHash=AAAAAQAIbWFuZGFtdXMAAAAAAQ&resultIndex=6 (Mandamus denied, multiple lies, misrepresentations and fraud committed by the applicant, name change, failing to respond to two requests for fingerprints, IRCC becoming aware of multiple murder attempt charges against applicant in his country of origin).

4. https://www.canlii.org/en/ca/fct/doc/2019/2019fc756/2019fc756.html?searchUrlHash=AAAAAQAIbWFuZGFtdXMAAAAAAQ&resultIndex=10 (Mandamus denied, IRCC suspended the citizenship application pending the determination of refugee status cessation proceedings - applicant claimed refugee status but made multiple trips to his country of origin)

5. https://www.canlii.org/en/ca/fct/doc/2020/2020fc452/2020fc452.html?searchUrlHash=AAAAAQAIbWFuZGFtdXMAAAAAAQ&resultIndex=13 (Mandamus application was considered moot as IRCC lifted the suspension and resumed processing of the case following the initial mandamus court hearing. The Judge did not order any set time for IRCC to complete the processing, instead required the parties to report to the Court on a monthly basis as to the status of the application, so that any outstanding issues or further delays could be addressed promptly).

The judges' decisions, reasoning, determination of whether the Mandamus test is met and their reasons for granting or denying it makes for interesting reading. I encourage everyone considering Mandamus to read some of these cases just to gain some insight into how the judge evaluates each case.

 

[umanitoba]

For those interested you can look up citizenship Mandamus cases on Canlii. Here are some cases I found from the last 3 years and a brief summary of the reasons why the mandamus application was dismissed or accepted:

1. https://www.canlii.org/en/ca/fct/doc/2020/2020fc1029/2020fc1029.html?searchUrlHash=AAAAAQAIbWFuZGFtdXMAAAAAAQ&resultIndex=1 (Mandamus denied, IRCC officer had suspended the citizenship application because of info received from Interpol regarding outstanding criminal charges against the applicant).

2. https://www.canlii.org/en/ca/fct/doc/2019/2019fc590/2019fc590.html?searchUrlHash=AAAAAQAIbWFuZGFtdXMAAAAAAQ&resultIndex=4 (Mandamus denied, IRCC officer suspended citizenship application while investigating applicant's father's citizenship - applicant had applied as a child of a Canadian citizen. IRCC received info leading them to initiate citizenship revocation proceedings against the father, who had failed to disclose all his absences from Canada prior to citizenship application).

3. https://www.canlii.org/en/ca/fct/doc/2019/2019fc938/2019fc938.html?searchUrlHash=AAAAAQAIbWFuZGFtdXMAAAAAAQ&resultIndex=6 (Mandamus denied, multiple lies, misrepresentations and fraud committed by the applicant, name change, failing to respond to two requests for fingerprints, IRCC becoming aware of multiple murder attempt charges against applicant in his country of origin).

4. https://www.canlii.org/en/ca/fct/doc/2019/2019fc756/2019fc756.html?searchUrlHash=AAAAAQAIbWFuZGFtdXMAAAAAAQ&resultIndex=10 (Mandamus denied, IRCC suspended the citizenship application pending the determination of refugee status cessation proceedings - applicant claimed refugee status but made multiple trips to his country of origin)

5. https://www.canlii.org/en/ca/fct/doc/2020/2020fc452/2020fc452.html?searchUrlHash=AAAAAQAIbWFuZGFtdXMAAAAAAQ&resultIndex=13 (Mandamus application was considered moot as IRCC lifted the suspension and resumed processing of the case following the initial mandamus court hearing. The Judge did not order any set time for IRCC to complete the processing, instead required the parties to report to the Court on a monthly basis as to the status of the application, so that any outstanding issues or further delays could be addressed promptly).

The judges' decisions, reasoning, determination of whether the Mandamus test is met and their reasons for granting or denying it makes for interesting reading. I encourage everyone considering Mandamus to read some of these cases just to gain some insight into how the judge evaluates each case.

These are the cases that had a hearing and judge decision. Most routine applications that IRCC delays without any reason don’t reach any hearing and what happens IRCC expedite the applications (urgent processing). The reason for this is they don’t want to spend time and money in court for routine applications. What happened in the 2nd and 3rd stage of the mandamus before hearing your case starts to move and once you get DM you simply widthraw your case. So no hearing will happen and these cases will be removed from the court archives as no hearing and no judge decision is needed. Only complex cases goes for hearing which you listed. The bottom line you won’t find those routine records in the archive which they are thousands. So just find an experienced lawyer and trust them.

 

[cobie2]

These are the cases that had a hearing and judge decision. Most routine applications that IRCC delays without any reason don’t reach any hearing and what happens IRCC expedite the applications (urgent processing). The reason for this is they don’t want to spend time and money in court for routine applications. What happened in the 2nd and 3rd stage of the mandamus before hearing your case starts to move and once you get DM you simply widthraw your case. So no hearing will happen and these cases will be removed from the court archives as no hearing and no judge decision is needed. Only complex cases goes for hearing which you listed.

True. That's why I believe everyone whose case is routine and taking too long should give Mandamus a try because probably as you said 99% of these cases will be processed promptly once IRCC is notified of the filing.

 

[umanitoba]

We will need to seek two options: 1) cheap option: a class action lawsuit type which can include as many applicants and our request is simple we will need clarity and orderly application processing: no more urgent processing and processing of recent applicants. Applications will process based on the date received at IRCC offices. Every application is urgent. ; 2) expensive option: if the law firms says option 1 can be done, then mandamus: it will be individual filling but if they know a group of people will go with them, most likely we will get a response.

 

[rajkamalmohanram]

There was a class action lawsuit by Mr. Cohen in 2012 / 2013 for PR applications. It was the Campbell Cohen immigration firm that did that.

See this =>

https://www.canadavisa.com/canada-immigration-discussion-board/threads/federal-skilled-worker-class-action-lawsuit.113853/

May be someone can approach this firm and ask them if they would be interested in taking a class action lawsuit to court. Compared to mandamus, this would be cheaper for everyone involved IMO.

 

[Grand Jumper]

Just a guess: even if the court asks them to make a decision, we still risk waiting a very long time for the ceremony, as is happening now.

 

[cobie2]

Just a guess: even if the court asks them to make a decision, we still risk waiting a very long time for the ceremony, as is happening now.

The court will ask them to finalize and complete the processing of the citizenship application and that includes oath taking.

 

[duckduckgoose]

Waiting over 2 years now, so I'm in...

 

[umanitoba]

So we have 3 options now. Let’s start getting in touch to see our options:
1) SShlaw calgary: https://www.sshlaw.ca/
2) Edlemann law Vancouver: https://edelmann.ca/
3) Cohen’s law firm
Our questions:
1) possibility of class action lawsuit for negligence
2) Mandamus
3) when we can apply for mandamus 1.5 yr, 2yr?
4) how much does it cost for each? Let them know there are many people who will contribute.

 

[luvtrump]

This thread is still hidden . We do not have alot of people. We need to make it to headlines perhaps contact collective action thread people.

 

[cobie2]

This thread is still hidden . We do not have alot of people. We need to make it to headlines perhaps contact collective action thread people.

I have a feeling a lot of people are just scared of Mandamus or the idea of taking any sort of legal action against the government.

 

[Zoomer]

I’m in! Been waiting over 2 years now!