Writ of Mandamus "Urgent Help"

[harry9696]

Hello,
This is kind of urgent,I am going to apply for Writ of Mandamus but need help ,if someone has filled for it please email me or reply here.I am totally clueless what should I do .I am awaiting for the following things and IRCC has not done anything!
> TR to PR applied in July,2021 still stuck in security
>Express Entry-Skilled Trades AOR from November - no update except that they asked for rpf fee and biometrics on call agent told me this has been cleared by IRCC as well and stuck at security
>Work permit extension-I have already got one extension then i asked for another (they have not even given me authorization to work letter its been two months since i applied!)
what is going on? Any lawyer i talk to ask for thousands for petition which on paper sounds very simple ?I am reading by myself how to file writ of mandamus and tell IRCC and court how much financial and emotional burden this is.This is too much 4 years man! If you know someone who has filled for same please let me know,I do not want to pay lawyer thousands as if it goes to trial I will spend thousands,is it really worth it ? to spend such money for a credit ridden life ?

Please help
Regards
Harry

 

[armoured]

Write of mandamus can't be done properly without a lawyer. It just won't work. IMO.

Whether it's worth the expense in your case or not, I can't tell you.

 

[harry9696]

Write of mandamus can't be done properly without a lawyer. It just won't work. IMO.

Whether it's worth the expense in your case or not, I can't tell you.

Why would you say so though ? I thought I could write up a petition with the necessary proof and should be okay? do you know someone who filled with lawyer

 

[harry9696]

thanks for reply though @armoured

 

[scylla]

Hello,
This is kind of urgent,I am going to apply for Writ of Mandamus but need help ,if someone has filled for it please email me or reply here.I am totally clueless what should I do .I am awaiting for the following things and IRCC has not done anything!
> TR to PR applied in July,2021 still stuck in security
>Express Entry-Skilled Trades AOR from November - no update except that they asked for rpf fee and biometrics on call agent told me this has been cleared by IRCC as well and stuck at security
>Work permit extension-I have already got one extension then i asked for another (they have not even given me authorization to work letter its been two months since i applied!)
what is going on? Any lawyer i talk to ask for thousands for petition which on paper sounds very simple ?I am reading by myself how to file writ of mandamus and tell IRCC and court how much financial and emotional burden this is.This is too much 4 years man! If you know someone who has filled for same please let me know,I do not want to pay lawyer thousands as if it goes to trial I will spend thousands,is it really worth it ? to spend such money for a credit ridden life ?

Please help
Regards
Harry

The writ of mandamus only makes sense for the TR to PR application. The others are well within normal processing times.

There are only a handful of people on this forum who have done a writ themselves. The vast majority use lawyers since it's not a straight forward process. Rather than hoping one of those people sees this post, recommend you instead do a google search for doing a writ yourself/without a lawyer and see what hits you get. I believe there was a person who documented how they did this somewhere on this forum. However that was some time ago.

 

[armoured]

Why would you say so though ? I thought I could write up a petition with the necessary proof and should be okay? do you know someone who filled with lawyer

Two reasons:
-writ of mandamus is a very specific and ancient legal approach, and any mistake or malformed part of the petition will make it null and void (and hence will be ignored).
-a very significant part of the purpose of the mandamus process is making a credible 'threat' in advance that you will be filing, and the govt wanting to avoid the subsequent mandamus steps (court and all that) - and wanting badly enough to decide it is easier/better to just complete the application (that is the subject of the mandamus).

So put bluntly: any mandamus communication that is not credible (including in vast majority of cases without a lawyer involved) just won't be actioned. (And I doubt you'd get much chance of a second try at mandamus).

What you want to do is find a lawyer who is willing to charge separately for each step of the mandamus - eg where the warning/'demand' letter ("complete this application or we will file mandamus, and we will be successful") is done first and subsequent steps only charged for if you decide to proceed. (That 'we will be successful if we file' is pretty important, and that's where lawyer-language and experience is critical, I believe).

This doesn't mean it will be cheap but possibly manageable.

There is a podcast by immigration lawyers, borderlines, that has done a few on mandamus. The hosts and/or guests on those presumably would be good contacts.

Of course, it's your right to ignore me and do what you like.

I assume you've taken all other steps to try to contact IRCC and 'shake the tree.'

Good luck.

 

[scylla]

Hello,
This is kind of urgent,I am going to apply for Writ of Mandamus but need help ,if someone has filled for it please email me or reply here.I am totally clueless what should I do .I am awaiting for the following things and IRCC has not done anything!
> TR to PR applied in July,2021 still stuck in security
>Express Entry-Skilled Trades AOR from November - no update except that they asked for rpf fee and biometrics on call agent told me this has been cleared by IRCC as well and stuck at security
>Work permit extension-I have already got one extension then i asked for another (they have not even given me authorization to work letter its been two months since i applied!)
what is going on? Any lawyer i talk to ask for thousands for petition which on paper sounds very simple ?I am reading by myself how to file writ of mandamus and tell IRCC and court how much financial and emotional burden this is.This is too much 4 years man! If you know someone who has filled for same please let me know,I do not want to pay lawyer thousands as if it goes to trial I will spend thousands,is it really worth it ? to spend such money for a credit ridden life ?

Please help
Regards
Harry

This thread may be helpful: https://www.canadavisa.com/canada-i...by-chatgpt-and-representing-ourselves.821252/

 

[harry9696]

Two reasons:
-writ of mandamus is a very specific and ancient legal approach, and any mistake or malformed part of the petition will make it null and void (and hence will be ignored).
-a very significant part of the purpose of the mandamus process is making a credible 'threat' in advance that you will be filing, and the govt wanting to avoid the subsequent mandamus steps (court and all that) - and wanting badly enough to decide it is easier/better to just complete the application (that is the subject of the mandamus).

So put bluntly: any mandamus communication that is not credible (including in vast majority of cases without a lawyer involved) just won't be actioned. (And I doubt you'd get much chance of a second try at mandamus).

What you want to do is find a lawyer who is willing to charge separately for each step of the mandamus - eg where the warning/'demand' letter ("complete this application or we will file mandamus, and we will be successful") is done first and subsequent steps only charged for if you decide to proceed. (That 'we will be successful if we file' is pretty important, and that's where lawyer-language and experience is critical, I believe).

This doesn't mean it will be cheap but possibly manageable.

There is a podcast by immigration lawyers, borderlines, that has done a few on mandamus. The hosts and/or guests on those presumably would be good contacts.

Of course, it's your right to ignore me and do what you like.

I assume you've taken all other steps to try to contact IRCC and 'shake the tree.'

Good luck.

Thanks ! thats what i am looking for but lawyers charging retainers so trouble finding one but i guess consensus is go through a lawyer,as I want to get it as soon as possible so that i can visit my family,I am stuck here

 

[armoured]

Thanks ! thats what i am looking for but lawyers charging retainers so trouble finding one but i guess consensus is go through a lawyer,as I want to get it as soon as possible so that i can visit my family,I am stuck here

You should note - and I'm sure any quality lawyer would too - if there is a serious security issue, even the mandamus won't work.