Victory!

[Rayan14]

Thank you all again for the kind words. No, a class action isn't likely possible in the circumstances. If anyone has questions, I would be glad to answer them.

I learned from the call centre that my ceremony is going to take place on May 25. The timing is very good, as I have family visiting from the old country next month.

Congrats again to you.

Would you say it is best to withdraw an application (40 months and counting) and submit a new one?

 

[roarktheman]

Congrats Bambino. Your post gives a glimmer of hope for those stuck in this cesspool. It would be great if you can suggest how we approach our individual cases.

I applied in Nov 2012. No movement in application after that. Approached MP, Minister, ATIP, Case specific Inquiry and call center. Same response every time. File is at local office Mississauga from June 2013.

Do you think I should wait until 36 months or I should apply for Mandamus now? What is I apply for Mandamus, citing that it is a routine application and CIC responds with a request for some information? In that scenario my case would become non-routine and I may need to file mandamus again after 36 months.

Is there a way for the individual to file the mandamus application? Is it a good idea to make arguments about the whole processing times, the way you approached your case. Can I ask my lawyer to do that? Do you plan to take up these cases yourself? If so, please let us know and I would be more than happy to pay and get your guidance/help.

Many many thanks in advance.

For the first time on this issue, it seems like some one is confident and taking the bull by its horns. Kudos to you and congrats again.

 

[bambino]

Congratulations and good work Bambino!
I'm glad that your case is resolved, but yes, it would have been interesting to see how the legal issues played out in court!

One reminder: Please order your ATIP electronic and physical files. I'm not sure if the Justice Canada notes would go in your citizenship file, or if you'd have to file a separate one for those, but that would make for some really interesting reading!

I ordered both my electronic and physical files, however I did so a bit too early a couple of weeks before my court application's denouement. Perhaps I will do it again to see if there is any really "good stuff" from that time period.

After my test, it was quite obvious that the issue was my frequent day trips to the US. My physical file confirms that is the case. The first officer I was interviewed by wrote:

Undeclared day trips to US plus lack of return to Canada stamps, might fall under 1095
Referring to Level 2 for immediate interview

The Level 2 officer wrote:

Client passports covered the period of interest, however he had lots of stamps in this passport which he did explain. Due to the fact that he is @ 1099 physical presence days I issued a CIT520 to confirm his declaration regarding his stamps and his presence in Canada.

I had made some noise back in December, and the local bureau of the CBC was prepared to do a story on my plight (I got cold feet, I am sorry to say). It appears that really got their attention, and confirms what Eileen has said in the past about them wanting to avoid bad press. They also took note of my threat to file a mandamus application. The emails dealing with that were addressed to or cc'd to about 6 or 7 people, including someone in Ottawa, who asked to be kept in the loop "should there be any further developments" or "known potential news coverage".

Moral of the story: become a nuisance and start talking to the press, and then a lawyer if that doesn't work.

 

[Rayan14]

I have told people to get together and do a short albeit media covered sit-in protest across the infamous CIC St. Clair's office in Toronto. Alas no one cared to join.

 

[bambino]

My ceremony was this past Monday. Around 120 people took the oath, which is one of the largest groups I've seen in Edmonton.

I had a really busy day and really wanted to be done with it as fast as possible so as I was checking in I asked the guy if I had to stay for the singing of the national anthem. I was in the first row (chair #2), and had already wasted an hour of my day waiting in line. He got this stern look on his face and told me that I had to, or else I won't become a citizen. I had seen, on a previous occasion, someone being chased down after getting their citizenship certificate and told that they have to stay for the anthem.

So I asked him if he could tell me what legal authority requires sticking around for the anthem. I had reviewed all the legislation and the regulations, and they say nothing of the kind: you take the oath, you are a citizen. That really set him off, so he turns to one of the more senior officers there and says "this guy doesn't want to take the oath". I said, excuse me, I never said anything of the sort. So the senior officer says, yes, you are right, but we'd like you to wait as a courtesy for everyone else behind you.

So I said fine, especially since I was sitting 5 feet away from the CJ's podium... if I had been a couple of rows back, I would have just got the hell out after getting my certificate.

Luckily, they asked that people not take photos with the CJ until after the ceremony because of the large number of people taking the oath, so it didn't take all that long.

I wish I had thought of it at the time, and said: "Courtesy? You mean a courtesy to all those people behind me who applied two years after I did, but are becoming citizens on the same day as me? You mean it's not fair to make them wait an extra 30 minutes?" ;D