Can we orchestrate a mass complaint filing to CIC for disgraceful limbo?

[CaBeaver]

It's a possibility. None of us know exactly what's going on inside IRCC offices. If you've been around, you know the bureaucracy can get a little protectionist here. And secrets can stay much longer in such environments. (I was, in fact surprised to see only Canadian persons can file ATIP requests.)

It's certainly strange, some of these cases - one 2018 or 19 case where the wife failed the test and the IRCC couldn't find another other slot for her ever since?! And recently, the husband was trying to separate his + kid's application from his wife's and the split request was denied. Things like these are borderline inhuman. And there are others where 2019 cases are sporadically getting new updates after seeing no action for several months. Certainly difficult to explain those. Apparently its the same with cobie2.

I wouldn't listen to anyone on whether or not to file mandamus, unless they've filed one themselves. If your own deadline says its time to go for the next step, you should start the consultation and ignore everyone else. If I'm filing, I'd also pick a media-savvy lawyer if possible, just an add-on. Make sure to look for all the signs: fixed fee that's preferably publicly posted (or pro bono is much better if available.


In the US, the federal government is supposed to pay the suing attorney if the government loses, so many lawyers take immigration cases pro bono even for folks that can't otherwise afford it. The government pays the attorney fee if the government loses, no one pays if the government wins. Not sure if Canada has a similar provision, I'd check that. Insist on a proper budget in all plausible scenarios - even if the case drags on etc, don't make them think you have an unlimited budget. Once you find a fitting attorney, you have someone who knows the system better and whose incentives are 100% aligned with yours. I don't think you're interested in money, but folks asking for money or damages from IRCC are going to have a weaker case. The goal is to get the application processed not making some money out of this.

More importantly: I don't know if Canada has a system where you can access all federal dockets (US has a paid case docket system where you get free access for upto $25/qtr and they'll bill you some small amount after that - or sites like casetext). If there's one, I'd equip myself with the case law - EVEN BEFORE going to an attorney. It might sound complicated and also a bit of a dry reading but it's usually a simple description of the litigation scenario and the outcomes, again I don't know if there's transparent docket access in Canada.

Filing another application (as others have suggested) is not a bad idea but what's the guarantee that will work? Just like attempting to trigger a file transfer by moving, it's just another gamble. In a third-party forum like a mandamus proceeding, IRCC might say you are the one causing the delay by filing a duplicate application. (I still think moving is a slightly better option even though it's not an option for the vast majority.)

Basically you have two groups of options: one is to keep prodding IRCC to process your application (writing to legislators etc/filing a duplicate application/moving etc). The other option is you're done dealing with IRCC and are going to a third party forum like mandamus.

You decide based on what your situation demands. Irrespective, I'd read up on everything I find about mandamus cases - both in this fourm and on the internet.

Just to be clear, my file is DM and I am waiting for the oath, so, I am definitely not going for any legal action. It's few months more wait for me from now, and I will done with this ugly process and with IRCC. But I am extremely dissatisfied how I was treated by IRCC, and at the same time I feel helpless. I waited 18 months to take the test, the first action on my file. They took from my processing time to build their online test application, and then ignored my file, and gave priority to other later applicants to meet their targets. My file has been in process for 2 years, while others who applied in early 2021 are getting their oaths now (i.e., in less than a year from filing their applications). Also, urgent processing requests are not fair. They are using the same resources for them, which means we are pushed back further in the queue to make room for them. IRCC failed us big times. We should not forget this

 

[justanotherguy28]

Also, urgent processing requests are not fair.

They can easily fix this with a Premium Processing option. They can charge something like $1000 or $1500 extra and provide a 60 or a 90 day guarantee. They can lay out a set of conditions to qualify for premium processing. They can keep the current setup and staff for processing regular applications, and use the premium processing fee to hire new employees who exclusively process premium applications. I think $1000 is a fair price for everyone. It's basically the cost of a roundtrip international plane ticket.

They can still keep the urgent processing for folks who can't afford it but are in a necessity to travel such as for dying/death of a relative but remove other eligibility criteria. I think if someone is getting a new job that requires citizenship they can pay the $1000 for premium.

If implemented correctly, IRCC will have full control and can tweak this however they want. If they have concern with a particular application for national security or other important reasons, they can refund the premium fee and place it in the regular stream. The extra fee will not compromise the integrity of the review.

We're asking rich people to pay higher taxes on a % basis, it's the same. There should be money left over from premium which can be used to hire more staff for regular processing.

 

[CaBeaver]

They can easily fix this with a Premium Processing option. They can charge something like $1000 or $1500 extra and provide a 60 or a 90 day guarantee. They can lay out a set of conditions to qualify for premium processing. They can keep the current setup and staff for processing regular applications, and use the premium processing fee to hire new employees who exclusively process premium applications. I think $1000 is a fair price for everyone. It's basically the cost of a roundtrip international plane ticket.

They can still keep the urgent processing for folks who can't afford it but are in a necessity to travel such as for dying/death of a relative but remove other eligibility criteria. I think if someone is getting a new job that requires citizenship they can pay the $1000 for premium.

If implemented correctly, IRCC will have full control and can tweak this however they want. If they have concern with a particular application for national security or other important reasons, they can refund the premium fee and place it in the regular stream. The extra fee will not compromise the integrity of the review.

We're asking rich people to pay higher taxes on a % basis, it's the same. There should be money left over from premium which can be used to hire more staff for regular processing.

If IRCC wants to improve they would have done this a long time ago. Here there have been many suggestions on how to improve the process, one of them what you suggested, because people here are interested in improving the process. IRCC, on the other hand is not. So, they keep doing things in a very rigid and uncreative way, while protecting themselves by creating vague rules. For example, in the US thee did in-person oath taking outside. I saw the ceremony taking place in a park. I thought, that's a great way to make 100s of people gather safely for the oath. This last summer was a great opportunity to do the oath outside, and we know from the data that most transmission cases happen indoors, but IRCC, considering themselves the role model of caution, opted for keep doing oath online with very limited capacity (30-50 people for the most part). This crisis has proved that IRCC is extremely incompetent and careless for immigrants, and higher authorities are complicit in this incompetency. The main point from which all of this stems is this: immigrants are not a priority in Canada. No one listens to us. No one tries to put their shoes in our place and understand things from our perspective.

 

[justanotherguy28]

If IRCC wants to improve they would have done this a long time ago. Here there have been many suggestions on how to improve the process, one of them what you suggested, because people here are interested in improving the process. IRCC, on the other hand is not. So, they keep doing things in a very rigid and uncreative way, while protecting themselves by creating vague rules. For example, in the US thee did in-person oath taking outside. I saw the ceremony taking place in a park. I thought, that's a great way to make 100s of people gather safely for the oath. This last summer was a great opportunity to do the oath outside, and we know from the data that most transmission cases happen indoors, but IRCC, considering themselves the role model of caution, opted for keep doing oath online with very limited capacity (30-50 people for the most part). This crisis has proved that IRCC is extremely incompetent and careless for immigrants, and higher authorities are complicit in this incompetency. The main point from which all of this stems is this: immigrants are not a priority in Canada. No one listens to us. No one tries to put their shoes in our place and understand things from our perspective.

They're talking about eliminating even the $630 fee. I hope they're joking unless they're looking for ways to choke the system further. They could instead give out the $630 for only those who can't afford.

If they go through with this, whatever they're allocating for IRCC in their annual budget isn't nearly going to keep up with the application volume. Might as well institute a lottery system to pick who's lucky enough to get their application processed.

And when the likes of Stephen Harper get into power, they don't have to go through a lot of rule changes and public discussions like the last time around, they could just halve the IRCC budget, sit back and enjoy.

 

[David2736]

I think the bulk of the efforts are on Twitter rn. People retweeting and @ing immigration, politicians, media...