Hello Guys and expert on this platform. I need your opinion on the above topic.My question is, if there is an extreme delay beyond the normal processing time of an application for Eg.more than 24months and both applicant/sponsor have not received final decision but sponsor has received SA and PA has received transferred for further assessment but no response for another 11months after the initial application has gone beyond 24months. Can both sponsor/ applicant have right under the law to take action against cic. E.g. filing for judicial review for extreme delay and unfair administrative procedural delay without response from cic after several enquiries says they are processing and they don't give reasons for the delays.
Extreme Delay in inland spousal sponsorship
- Thread starter Attak
- Start date
No l haven't heard from them and after serveral enquiries they are not responding. I spoke to a lawyer and his positions is that he want take action by applying for judicial review for extreme delay and unfair administrative procedural. But l want an opinion on this whether a sponsor/applicant has any accrued right under the law if cic has delay without giving reasons for the delay beyond reasonable processing times after several enquiries says they are processing.
Yes think at this point that is possible. You seem to have some issues with your application though. You didn’t remain in Canada although you filed inland and also seems like you both were not working at the same time. Hopefully you both started working did saving. There may be other issues. Haven’t read all your posts. Not sure why the delay even if they were going to refuse you.
I have remained in Canada since the application was made and have been out of status without any chance for restoration of visa, various GCMS report obtained is that the officer has concerns about why we married within two months of first meeting and no proof of communication provided on initial meeting though he acknowledged we are married couple living together with shared child together, joint account, several outing photographs and wedding photographs, marriage certificate provided, child certificate provided which both parents name on it. The officer said he was transferring the file for further assessment to interview to examine the bona fide of the relationship.the file was transferred on 6th July 2018. I noticed etobicoke received the file transferred on 12 September 2018 in the GCMS .Since then several enquiries has been made and the only response we received is that we are processing without any reasons. The last called we made the officer said extensive background checks was conducted and has been completed with no issue. That was also 30days ago when we called. After this we made another enquiries through the email system and the response we received is that they are processing. Several emails were sent to etobicoke office through the landing department emails same were forwarded to the department responsible for further assessment yet no response were received from them. It been total 24months which includes closed to 11months file transferred. My wife still taking care of the baby and he has complications during birth which has affected her to work now. We are currently being supported by both families as l do not have right to work because the OWP is on hold pending approval in principle. I am not also dealing with CBSA.
Honestly, I think you have reasonable cause to ask for a judgement by the courts, whether positive or negative. Given what you have indicated, seems like IRCC has dropped the ball or isn’t disclosing all the information. If contact your MP first and have them dig into it but I’d also start preparing for a leave of judicial review.
We have already contacted MP and they also gave us same response that the application is being processed without any further reasons as to why and when they would take decision. The MP office wasn't even helpful is just like we making enquiries by ourselves. At this point l think the lawyer might be right if he proceed to file for judicial review for extreme delay and unfair administrative procedural delay without response from cic after several enquiries and options have been exhausted. We are just waiting in perpetuity unless the court can compel them to act as soon as possible. It is matter of fairness even if they are not satisfied with our application at least some of communication should have been provided by instead they are treating us as if we are criminal under law, even criminals do have right. I could see some sort of discrimination, abuse of office and human rights
The discrimination, abuse of process and human rights is a big stretch IMO. Given the mandate that IRCC maintains the integrity of the immigration system in Canada and protects Canada’s interests, I suspect that one wouldn’t fly. That said, I do think there is a reasonable expectation to provide adequate updates and information. Obviously your application is non standard, but that shouldn’t prevent communication and updates on the pricessing when it goes beyond standard processing times.
You are right but perhaps l shouldn't assumed some sort of discrimination but you would agree with me that they are not responding beyond saying they are processing and every time enquiries is made they just copy cut paste some auto response without addressing the concerns of applicants. Yes I do agree that they are now treat it as non standard but for how long and why are they not communicating their concerns to applicants within reasonable times and more so you have denied the applicants restoration and so the life of family is seriously under treat by their administrative procedural. Yes they to maintain integrity of the system but what point and don't sponsors have right to know what is going on.
Even before became out of status we initially applied including the OWP one month before expiration of my visa but when they received the application for strange reason they returned the whole application including OWP and by the time we received the application l was technically out of status and no chance to also restored my visa as same was denied that l was without valid visa, though l had 3months visa left in my passport after the first 6months expired on March 9, 2017. I later discovered l had the options of applying for extension prior to 30days expiring but our marriage certificate was not issued on time and so all these contributed to my out of status. When the application was returned to us it was already 90days. A check on the application confirm we included all the necessary document and so we wrote a letter attaching same all the application and supporting document that they had inadvertently returned the application as incomplete when in fact it was completed. We then received acknowledgement receipt on 2nd June 2017 stating that they have started processing the application that was received on 8th May 2017 and from there everything they asked we complied including police certificate, medical and schedule A. We sent it without any issue. As l said they have approved the sponsor and PA file transferred for further assessment for eligibility on the stated reasons of examining bona fide of relationship through interview but they have never written to us up till now. All this information l got know of it through requesting GCMS notes thanks to this platform.
Hi, Sorry to hear that your application has been postponed for such a long time. maybe you should contact the local newspaper and get your stories heard by the public. Did you have communications with CE/CSQ
Who are CE/CSQ, any indication of the meaning please. The last time l checked my file after the above post an agent told me they have extended my medical expiry date.my background is completed yet my review of whether l meet eligibility is still being processed without any indication of when it would be completed.I am giving them up to 12th September 2019 after that l would proceed to court and published same in the local newspaper the material evidence l have to show that etobicoke office haven't responded to my file since it was transferred for further assessment on the 6th July 2018 and they actually received and log the file on the 12th September 2018.According to my GCMS notes obtained. So l would like to wait one more month to see whether they would respond.Thanks for your concern
If you want to pursue this in court, the process you would be undertaking is called writ of mandamus. You will need to hire a lawyer.
Don't bother with the newspaper. This will cost you money but have no impact. Focus on the writ mandamus.
