canopywing said:
I am planning to file the mandamus when my application reached 36 months. Is there any "must do" procedure or action I should do before filing the mandamus? For example, request ATIP, write a letter to CIC, contacted MP or whatever.... Please advise.
Short answer: see a lawyer, use a lawyer.
Longer answer:
I concur in the post by
djoli but it warrants adding with emphasis that an application for Mandamus is an
extraordinary remedy, and it really is an
extraordinary remedy, a process which even experienced lawyers find complex if not difficult. In other words: not something to do
pro se.
That is, as a practical matter,
you need a lawyer. Sure, technically, you can proceed
pro se, but as
djoli points out, there are indeed
must do steps necessary
before commencing the formal Mandamus application process, and if you do not already know those, this is not a legal process in which to learn them on the go.
To be clear, the process is essentially one of
prosecuting the Minister for a wrong. It is not a matter of merely filing an
application which a court tries to sort out . . . it is almost literally a prosecution, with all the burdens attendant bring a lawsuit against the government, alleging and proving the government has done wrong, alleging and proving you have done
all the necessary steps to give the government notice of what was wrong and a
proper demand that the government take the action the law absolutely mandates the government take. Fall short, and you can be ordered to pay the Minister's legal costs. The Minister's lawyers do not come cheap.
Clue: delay alone is
not an adequate ground for the grant of Mandamus. But a delay,
a delay long enough to amount to a refusal to process the application, is a minimum element in the citizenship application context.
And as
djoli indicates, three years into it probably does not amount to a delay which will be sufficient to warrant Mandamus relief.
