legalfalcon
VIP Member
- Sep 21, 2015
- 9,915
- Category........
- FSW
- Visa Office......
- Ottawa
- NOC Code......
- 4112
- App. Filed.......
- 03-09-2015
- Doc's Request.
- 01-10-2015
- AOR Received.
- 03-09-2015
- Med's Done....
- 17-08-2015
- Passport Req..
- 05-04-2016
- VISA ISSUED...
- 12-04-2016
- LANDED..........
- 05-05-2016
I am a lawyer, but my comments here are not legal advise and should not be constituted as one. I merely help applicants and who ever I post or say, it just my opinion.Hi @legalfalcon
I don’t know if you remember me from my previous posts; my AOR is June 2017 (yes, 2 and a half years ago). My file was sent for Comprehensive Background Checks but CSIS as per my latest notes have already sent they recommendation back to CBSA in August of 2018. Since then no movement... I’ve seen somewhere on the forum that you’re a lawyer or work with lawyers, wouldn’t it make sense to apply for Mandamus now? 2.5 years is just too ridiculous of a wait with no movement for a process that averages 6 months. At this point all I want is a decision so I can move on with my life ... I’m an FSW-O applicant and my file is being processed in London.
First of all, you need to understand what a mandamus is. Simply put, Mandamus is a judicial command to an authority ordering them to perform a public or statutory duty. Any mandamus application has to be filed before a Federal Court in Canada. This can only be done by lawyers. If you are engaging one, you are looking at a cost of 3-7K deepening on the experience and specialisation of the lawyer.
Further, after CSIS sends its recommendation, CBSA will then process it and submit combined report to IRCC. Then the final review happens and a decision on the application is made.
When a Mandamus is filed, only when there has been an inordinate delay, i.e. something over 1.5-2 years, it is even worth thinking about it. If you have already reached this stage where CSIS has sent its report to CBSA, just give it some time.
However, if you feel you just can't wait, and you are willing to spend money, you are more them welcome to engage legal services and file a Mandamus. The lawyer you engage, will let you know based on your specific circumstances what will can be done. But, do remember that not all mandamus challenges are successful. IRCC can justify its delay by showing a need for additional checks citing national security, and when national security is cited, the Courts usually are not very inclined to intervene.
This is just my opinion.