SEPTSIXHUIT
Full Member
- Dec 28, 2012
- 1
- Category........
- Visa Office......
- EDMONTON
- Job Offer........
- Pre-Assessed..
- App. Filed.......
- MARCH 21/2012
- Doc's Request.
- N/A
- Nomination.....
- AIP 22 JULY 2013
- AOR Received.
- 07 JUNE 2012
- File Transfer...
- 19 NOVEMBER 2012
- Med's Request
- 22 JULY 2013
- Med's Done....
- 09 AUGUST 2013
- Interview........
- 18-07-2013
- Passport Req..
- 09 AUGUST 2013
- VISA ISSUED...
- DM 13 JAN 2014
- LANDED..........
- 13 FEB 2014
@arjun29 said:Yes if you really want to do mandamus it can definitely help you and 2 be honest I have just met with a lawyer the other day and he said if your file is above processing times you have a right to do so!! Why dnt u contact a lawyer or tell me which part of the city u live in maybe I can refer u 2 one...plus there are quiet a bit of gud lawyers but all of them are after money and they want to get max money out of u but ya it is done in 6-8 months why dnt u pm me and I'll reply thanks
Arjun29,
Itry to understand the bref of mandamus, here is what I could find, as I shared my concern with you, please try also to determine if really in my case it may help.''What mandamus? .........
A writ of mandamus or simply mandamus, which means "Order" in Latin, is the name of one of the prerogative writs in the common law, and is issued by a superior court to compel a lower court or an officer of government to perform mandatory or purely ministerial duties correctly the ..........
Mandamus is a judicial remedy which is in the form of an order of a superior court to any government subordinate court, corporation or public authority to do or refrain from doing a specific act which that body is obliged under law to do or refrain from doing, as the case may be, and is in the nature of the public service and in some cases a legal obligation. It can not be issued to compel an authority to do something against statutory provision ......
The applicant argues for a writ of mandamus to be enforced must demonstrate that he / she has the legal right to compel the defendant to do or refrain from doing a specific act. The duty sought to be enforced must have two qualities: .....
1. There must be an obligation of a public nature, and .....
2. The duty must be imperative and should not be discretionary ......
For the court to issue a writ of mandamus a number of conditions must be met ........
(1) There must be a legal obligation to act in public ......
(2) The obligation must be owed to the plaintiff .....
(3) There is a clear right to carry out this duty, in particular: ....
(A) the applicant has complied with all conditions precedent giving rise to the obligation; .......
(B) there was .......
(I) a request for enforcement of the obligation, (ii) a reasonable time to comply with the request, unless flatly refused, and .......
(Iii) the subsequent refusal can be either explicit or implicit, for example, unreasonable delay ......
(4) No other adequate remedy is available to the applicant ......
(5) The order sought will be of some practical value or effect.
(6) The Court, in the exercise of discretion finds no equitable bar to the relief sought ......
(7) On the "balance of convenience" an order in the nature of mandamus should be made.
When considering whether to apply for a mandamus, the lawyer must refer to the processing time stated on the CIC website late. Unreasonably can not be determined with respect to the average processing time.
In his submissions, counsel should focus on processing times and how long the treatment in question exceeded the average, that the applicant has to ensure that his / her application is complete and well documented and the reasons why the applicant believes that the explanation of an officer for the delay is not satisfactory.
In this regard, the courts have refused to accept ministerial delays or lack of staff that rational explanations, and they tend to turn to the system as a whole. Instead, each case is assessed on its own facts. The question often arises whether a background or security check is an explanation for the delay.
As with other arms of the trial, it is a decision that can be made with reference to the particular facts of the case. The lawyer must adapt the arguments of the facts of the case at hand, with particular attention to what the applicant has to move along its case, and that the defendant does not have to fulfill their duty to .
No other remedy is available to the applicant ....
In the immigration context, this part of the test is easily met - an immigration / visa is the only person able to grant the relief the applicant seeks - namely, the issuance of a visa or other immigration document.
The order sought will be some practical value or effect
Again, this is rarely a problem in an application for mandamus in the context of immigration. In general, given that the order will force''