Do they actually use that 80th percentile processing time for argument against Writ of Mandamus? IMO that stat is pretty meaningless. I'm pretty sure the reason its down to 7 months is because they only restarted FSW ITAs a year ago, so every approved case has processing times < 12months, which heavily skewed the 80th percentile towards shorter periods.
For Writ for Mandamus, yes. I guess, that's why IRCC is very conservative with SLAs and Processing times on their website. From a Writ of Mandamus text that I was reading a while back. Read the last line here (very interesting).
>
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.