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RQ Timelines - Mandamus/Class Action for PMM

Msafiri

Champion Member
Nov 18, 2012
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PMM,

Its obvious the political will isn't there to expedite Citizenship Processing timelines including the issue of RQs.

In your opinion why isn't the legal profession beating a path to applicants to file a class action or issue a writ of Mandamus for RQd applicants?

It would be helpful to get a view from the owner of the forum if he so wishes to express one given his standing as an Immigration Lawyer.
 

EasyRider

Hero Member
Oct 12, 2008
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I'm also interested in this.

Here's delayed immigration case, for example:

http://www.jefflilaw.com/blog/2012/06/18/immigration-lawyer-wins-battle-against-cic-over-processing-delay-and-application-wipe-out/

However, it now takes around 24 – 52 months for CIC to process applications under MI1. It may take 5-9 years for applications filed before February 2008 to be completed. In this case, the litigants argued that their applications were “warehoused” in a lengthy backlog because of these ministerial instructions. And Justice Rennie of the Federal Court agrees, saying this delay cannot be justified.
...
Under the decision, CIC will have until Oct. 14 to finalize the application of Dong Liang. However, the Court did not make similar order for the other similar applicants, citing that reasons for delay must be assessed on an individual basis. According to Tim Leahy, a fair application of Justice Rennie's ruling would require Ottawa to finalize their applications by October 14, if the delay was not caused by the applicants.
The court argues that cases should be assessed on individual basis.

But with RQ cases it seems individual component doesn't matter much-- CIC reportedly quotes 48 months additional delay upfront to all affected applicants in St. Clair office. Some applicants were RQ'ed for obscure reasons or even for quality assurance.

Seems 4+ years should be enough for mandamus and uniformity may provide grounds for class action. However, delay has not happened yet in practice.
 

ecoyo

Full Member
Jan 7, 2013
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and there is privacy issue too. I don't think CIC have the right to look at our health history and financial statements. If they have preception and suspect us, I don't think it helps no matter how many additional proof we give them. Nevertheless, from other seniors in this forum, those proofs are only additional and can't promise anything. I also have read the stories from other people in the forum that even they showed the financial proofs to CIC, they accrused the applicants that the financial transactions or the credit cards were used by someone else, not the applicant. I don't know why we have to be treated as a suspect of fraud and defend ourselves like this in order to become a Canadian. If CIC were troubled by their audit results, they should find ways to resolve it, not to play game on us.