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Mandamus

SaM2022MaS

Newbie
Nov 29, 2022
5
1
Hi last week I filed Mandamus for citizenshipapplication, yesterday I received a no reason letter, today I received a Notice for Apearance, I replied to that email and they told me that IRCC decided to go for a hearing?
What is my next step, who had this experience?
 

dpenabill

VIP Member
Apr 2, 2010
6,520
3,281
Hi last week I filed Mandamus for citizenshipapplication, yesterday I received a no reason letter, today I received a Notice for Apearance, I replied to that email and they told me that IRCC decided to go for a hearing?
What is my next step, who had this experience?
Talk to your lawyer.

If you do not have a lawyer and you want to pursue Mandamus relief, get a lawyer.

Mandamus is not really, not practically anyway, the kind of procedure a person can handle pro se (by self-representation). Mandamus is complex enough that even lawyers are known to sometimes struggle properly pursuing it.

Beyond that . . .

I was drafting some if this, then that observations about the Mandamus procedure, but I suspect the "Notice for Appearance" means IRCC is proceeding to defend its position before the Federal Court, so if you do not know how to proceed from here you are really way in over your head. Be aware that if your case is unsuccessful the Federal Court can assess costs including fees (that is, order you to pay the government for the government's costs in defending the action), and these can be quite a lot.

Note, among the most common mistakes made in pursuing mandamus relief in regards to citizenship applications:
-- error in framing the relief sought (Federal Court cannot order IRCC or the Minister to grant citizenship, so an application for an order to compel IRCC to grant citizenship will not succeed)​
-- failure to properly establish the grounds for mandamus relief (mere delay, for example, is NOT enough to establish grounds for relief)​
-- failure to adequately or properly make the requisite demand for relief prior to making an application to the Federal Court for mandamus relief​

Again, this is lawyer-up stuff.
 

ramz

Full Member
Nov 7, 2014
20
3
I went through something similar with my citizenship application a while back. When I got a hearing notice, I made sure to gather all my documents and anything that could help my case. It really helped to have a lawyer on my side for advice and support, too. Just stay in touch with IRCC for any updates and try to stay calm.
 

SaM2022MaS

Newbie
Nov 29, 2022
5
1
I went through something similar with my citizenship application a while back. When I got a hearing notice, I made sure to gather all my documents and anything that could help my case. It really helped to have a lawyer on my side for advice and support, too. Just stay in touch with IRCC for any updates and try to stay calm.
Did you did that your self, Have you reach the hearing? Or Did they changed their mind within the process?
Please let me know the process, duration and the steps you went through?
Thanks
 

Usamanforever

Newbie
Oct 13, 2024
2
2
Hi last week I filed Mandamus for citizenshipapplication, yesterday I received a no reason letter, today I received a Notice for Apearance, I replied to that email and they told me that IRCC decided to go for a hearing?
What is my next step, who had this experience?
Hi there, I went for mandamus too, after receiving the notice of application you will probably get appearance notice, most mandamus cases won't go through hearing, only about 10% of cases will go to hearing. After getting the NOA, IRCC will most likely issue a decision within 60 to 90 days, sometimes a bit over that, unless a case is very complex and has concerning security issues it might go to hearing. Nowadays mandamus are often seen against IRCC and it is becoming more normal for them to deal with, sometimes they will settle specially if the delay is over 2 years for TRP, and sometimes they will ask the court to give them sometime like 60 to 90 days to issue a decision. I know a friend who had inadmissibility problems and he engaged the federal court, the next day after notice of application his TRP was rejected. BTW, for this you must have a lawyer you cannot do it yourself even if you are in Canada. good luck