I think we can find better solution than waiting as a prisoner waiting for sun light. And this why I posted this enquiry, hoping that some people can give us legal and law advices. We heard about mandamus and we think it's our better chance. Please halo us to understand how mandamus work. Thank you
For Mandmus, you have to prove that you are beyond the reasonable processing time. The text snippet below is everything you need to know. Now, stepping back a bit. The first thing you'll need is to talk to a lawyer. A lawyer will most likely re-iterate the snippet below, if not, then you are in luck. If your lives are in a limbo, I'd suggest contacting a lawyer today and talking to them. Forum is not a replacement for a lawyer's advice. You only need to talk to a lawyer now.
Mandamus says:
>
Clear Right to the Performance of that Duty/ Unreasonable Delay
In the vast majority of cases in the immigration context where mandamus is sought, the issue of whether to grant mandamus
effectively concerns the clear right to the performance of the duty, or more accurately, the reasonableness of the delay during which no such performance has occurred.
>From the reasons of the Court, it appears that three
requirements must be met if a delay is to be considered
unreasonable:
(1) the delay in question has been longer than the nature of the
process required, prima facie;
(2) the applicant and his counsel are not responsible for the
delay; and
(3) the authority responsible for the delay has not provided
satisfactory justification.
>Thus, when contemplating whether to commence a mandamus application, counsel should make
reference to the processing times listed on the CIC website. Unreasonable delay can only be determined in comparison to average processing times.
Do you think this is normal ? I don't think it is. The IRCC website shows 26 months delay, and what about the acknowledge documents saying 6 months delay? What about the law saying 6 months delay?
They nowhere say that there's a guarantee that they'll process yours within 6 months. Only 80% applications will be processed within 6 months. As others have said, if the normal processing time is 26 months, you are unlikely to find any success with Writ of Mandamus if you aren't past that time.
We can't be sure that we are or not the 20% you're talking about. But it's not our matter, we paid as everyone does and our files are stuck with no updates after R10 step that is well done by CIO VO.
That's lack of evidence.
