Mandamus?

[h3a3j6]

Hello everyone,

As some of you probably know, the processing timeline for pre-April 2015 applications for citizenship should have now be concluded for all applicants unless you have been RQed... But in the case of an RQ, people are asked to wait for 6 months after the last communication from CIC before reaching out again for an update.

Does anyone if a mandamus can be sought after the 6 months period?

 

[HighFive]

Hello everyone,

As some of you probably know, the processing timeline for pre-April 2015 applications for citizenship should have now be concluded for all applicants unless you have been RQed... But in the case of an RQ, people are asked to wait for 6 months after the last communication from CIC before reaching out again for an update.

Does anyone if a mandamus can be sought after the 6 months period?

I reckon after 6 months no-comms with IRCC period and your call/online request you should give them sometime to react on your request. After that Mandamus should be possible.
But our experts should put more light on this one.
Generally speaking I like the Mandamus idea.

 

[AbdulIBX]

Do we have a prove that Mandamus actually works?

 

[HighFive]

Do we have a prove that Mandamus actually works?

It use to work very well just a couple of years ago. A few cases were discussed here on this forum.

 

[AbdulIBX]

It use to work very well just a couple of years ago. A few cases were discussed here on this forum.

Hopefully these cases are not again exceptions from the norm. Some of the experienced members here shared their opinion and doubts about the overall efficiency of Mandamus in a sense that it works for some but it doesn't for others.

If they read this they can share their point of view.

I also support the idea for Mandamus if 12 month period is elapsed and after that no movement in the last 6 months. But it seems like the whole Mandamus issue is still a mystery about the actual results.
I guess not so many go for it because it is expensive procedure and therefore not much information.

 

[h3a3j6]

A mandamus by definition is a judicial writ issued as a command to an inferior court or ordering a person to perform a public or statutory duty (wikipedia)... That is very simple to understand and apply.

However, that order can be given if the "person" has not done their duty in a reasonable amount of time... Defining this "reasonable" amount is the challenge! I've read some of the excerpts that dpenabill and others have posted and it really is about what the court (and the ruling judge) perceive as a reasonable amount of time.

Do you think that 2 years is reasonable? Probably yes based on previous cases. How about 3 years? That has been the "cutoff" point for the past couple years... Now how about 4, 5 or 6 years? 10 years?

The question is... What is "unreasonable"?

My 2 cents...

 

[AbdulIBX]

A mandamus by definition is a judicial writ issued as a command to an inferior court or ordering a person to perform a public or statutory duty (wikipedia)... That is very simple to understand and apply.

However, that order can be given if the "person" has not done their duty in a reasonable amount of time... Defining this "reasonable" amount is the challenge! I've read some of the excerpts that dpenabill and others have posted and it really is about what the court (and the ruling judge) perceive as a reasonable amount of time.

Do you think that 2 years is reasonable? Probably yes based on previous cases. How about 3 years? That has been the "cutoff" point for the past couple years... Now how about 4, 5 or 6 years? 10 years?

The question is... What is "unreasonable"?

My 2 cents...

Reasonable amount of time in the current situation should be 12 months + 6 month without any action.

 

[HighFive]

Reasonable amount of time in the current situation should be 12 months + 6 month without any action.

I would put it that way - 12+ months if the last communication with CIC was 6+ months ago.

 

[ambient2]

Not to mention, you should have tried every other means and resources to get your application going (ATIP, Case specific, MP, Minister, etc.). In my case, I've done all of it, and CPC just completely ignores me... Mandamus is a right way to go I think, but 4-6K to spend on this...? I just don't want to throw away money for something that should have been done on time.....Still considering tho, any advice about immigration lawyers ?

 

[h3a3j6]

Not to mention, you should have tried every other means and resources to get your application going (ATIP, Case specific, MP, Minister, etc.). In my case, I've done all of it, and CPC just completely ignores me... Mandamus is a right way to go I think, but 4-6K to spend on this...? I just don't want to throw away money for something that should have been done on time.....Still considering tho, any advice about immigration lawyers ?

I'm at the same point. Check with bambino. He's based out of Edmonton and a fantastic guy. Had the chance to connect with him already. He can provide you some feedback/advice since he's a lawyer.

 

[links18]

There is no specific time period for when Mandamus will work or not work, it depends on the facts of a particular case. A file that is 18 months old, but has been sitting for a year with no movement and no communication might be ripe for Mandamus, while one three years old for which a CiT-0520 was issued two months ago might not be.

 

[h3a3j6]

There is no specific time period for when Mandamus will work or not work, it depends on the facts of a particular case. A file that is 18 months old, but has been sitting for a year with no movement and no communication might be ripe for Mandamus, while one three years old for which a CiT-0520 was issued two months ago might not be.

Yes, hence our thoughts about "last communication with CIC" + some time. What's "some time"...

 

[AbdulIBX]

Not to mention, you should have tried every other means and resources to get your application going (ATIP, Case specific, MP, Minister, etc.). In my case, I've done all of it, and CPC just completely ignores me... Mandamus is a right way to go I think, but 4-6K to spend on this...? I just don't want to throw away money for something that should have been done on time.....Still considering tho, any advice about immigration lawyers ?

The issue is how effective are those Mandamus cases in practise, because it is indeed risky to throw so much money just for a gamble. Some of those who tried said that roughly with all the taxes is estimated to cost ~8k.
And that is interesting question also, which is more effective a lawyer or Mandamus

 

[ambient2]

I'm at the same point. Check with bambino. He's based out of Edmonton and a fantastic guy. Had the chance to connect with him already. He can provide you some feedback/advice since he's a lawyer.

I've read on this forum that bambino applied for mandamus himself. Is he an immigration lawyer ? The thing is, I have a lawyer friend who would probably do this thing for close to nothing, but he is not Immigration Lawyer and can not advise on my application, maybe actual imm.lawyers who deal with this kind of a mess, know the reasons for delays and possible outcomes of Mandamus?

 

[links18]

Possible outcomes of Mandamus: IRCC/CIC move your file after being served with petition, probably making your motion moot; Government lawyer contacts you or your attorney to give a reasonable date as to when your file will be completed in exchange for dropping your case; you go to a hearing and judge agrees with you and orders IRCC/CIC to move your file--judge can "maintain jurisdiction" over the case, meaning you can complain to him/her again if IRCC/CIC start dragging feet again; you go to the hearing and judge disagrees with your petition and your out some money, but otherwise probably no worse than you started. You really want the first or second things to happen as they are cheapest and easiest, but it all depends on facts of particular case. In no circumstances can judge make an actual determination on your qualifications for citizenship....