January 3, 2025
Everything you need to know about making a refugee claim after you enter Canada
We understand that it’s frustrating if you submitted an application to Immigration, Refugees and Citizenship Canada (IRCC) 4, 7, 18, or even 32 months ago, but still haven’t received a decision.
If that’s you, you need to seek a mandamus order with respect to your immigration application.
Because “mandamus” is a Latin word, it should be italicized.
What’s a mandamus?
Stemming from ancient common law, mandamus is a Latin term meaning “we command.”
Today, mandamus orders are issued by higher courts to lower courts and government bodies, such as IRCC.
In the immigration context, you can ask the court to order IRCC to render a decision on your immigration application within a specified time period.
Where do I file a mandamus application for my immigration application?
You need to file a mandamus application at the Federal Court, and this remedy can be used to order IRCC to render a decision on,
- Temporary residence applications;
- Permanent residence applications;
- Citizenship applications; and
- Criminal rehabilitation applications.
How long should I wait before I file a mandamus application?
There’s no one-size-fits-all rule, but at Taylor and Mergui, we focus on IRCC’s service standards, instead of the dynamic processing times, which are everchanging and may reflect processing of backlogged cases as well.
And we’ll seek a mandamus order if your immigration application is delayed by at least 1.5 times the service standards.
Why do I need to do to start the mandamus process?
After a retainer is signed, we’ll send you a small questionnaire. After you fill out the questionnaire and send it back to us, we’ll start on your mandamus application.
And the best part is that all you need to do is provide us with the requested documents and instructions, and we’ll take care of the entire process on our end.
Does a mandamus application proceed to a hearing?
While a mandamus application can proceed to a hearing before the Federal Court, in our experience, most underlying immigration applications are processed within a few months of filing a mandamus application, so the vast majority of cases don’t proceed to a hearing.
Does filing a mandamus application negatively affect my immigration application?
No, it doesn’t.
Remember that IRCC has a duty to provide you with a decision on your application, and if they breach that duty, it’s your right to seek a remedy.
IRCC can’t and won’t punish you for taking them to court.
Can I file a mandamus application if I’m outside Canada?
Yes, you can.
Whether you’re inside or outside Canada, you have the right to seek a mandamus order if IRCC has delayed processing your immigration application.
What’s causing the delay in my application?
While it’s difficult to say, most delays are caused by structural and operational issues within IRCC and probably has nothing to do with you.
Having said that, there may be security-related or other issues, which we’ll know more about once a mandamus application is filed. In fact, in our experience, we’ve seen that IRCC becomes more transparent with respect to the stage of processing after a mandamus application is filed.
How can Taylor and Mergui help me with a mandamus application?
Because we’re litigation lawyers, we think of all counterarguments before we file a mandamus application, increasing the chance of getting a decision on your immigration application.
Book a consultation with us today to see how we can help you with respect to your delayed immigration application.
We understand that it’s frustrating if you submitted an application to Immigration, Refugees and Citizenship Canada (IRCC) 4, 7, 18, or even 32 months ago, but still haven’t received a decision.
If that’s you, you need to seek a mandamus order with respect to your immigration application.
Because “mandamus” is a Latin word, it should be italicized.
What’s a mandamus?
Stemming from ancient common law, mandamus is a Latin term meaning “we command.”
Today, mandamus orders are issued by higher courts to lower courts and government bodies, such as IRCC.
In the immigration context, you can ask the court to order IRCC to render a decision on your immigration application within a specified time period.
Where do I file a mandamus application for my immigration application?
You need to file a mandamus application at the Federal Court, and this remedy can be used to order IRCC to render a decision on,
- Temporary residence applications;
- Permanent residence applications;
- Citizenship applications; and
- Criminal rehabilitation applications.
How long should I wait before I file a mandamus application?
There’s no one-size-fits-all rule, but at Taylor and Mergui, we focus on IRCC’s service standards, instead of the dynamic processing times, which are everchanging and may reflect processing of backlogged cases as well.
And we’ll seek a mandamus order if your immigration application is delayed by at least 1.5 times the service standards.
Why do I need to do to start the mandamus process?
After a retainer is signed, we’ll send you a small questionnaire. After you fill out the questionnaire and send it back to us, we’ll start on your mandamus application.
And the best part is that all you need to do is provide us with the requested documents and instructions, and we’ll take care of the entire process on our end.
Does a mandamus application proceed to a hearing?
While a mandamus application can proceed to a hearing before the Federal Court, in our experience, most underlying immigration applications are processed within a few months of filing a mandamus application, so the vast majority of cases don’t proceed to a hearing.
Does filing a mandamus application negatively affect my immigration application?
No, it doesn’t.
Remember that IRCC has a duty to provide you with a decision on your application, and if they breach that duty, it’s your right to seek a remedy.
IRCC can’t and won’t punish you for taking them to court.
Can I file a mandamus application if I’m outside Canada?
Yes, you can.
Whether you’re inside or outside Canada, you have the right to seek a mandamus order if IRCC has delayed processing your immigration application.
What’s causing the delay in my application?
While it’s difficult to say, most delays are caused by structural and operational issues within IRCC and probably has nothing to do with you.
Having said that, there may be security-related or other issues, which we’ll know more about once a mandamus application is filed. In fact, in our experience, we’ve seen that IRCC becomes more transparent with respect to the stage of processing after a mandamus application is filed.
How can Taylor and Mergui help me with a mandamus application?
Because we’re litigation lawyers, we think of all counterarguments before we file a mandamus application, increasing the chance of getting a decision on your immigration application.
Book a consultation with us today to see how we can help you with respect to your delayed immigration application.
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