Writ of Mandamus

A writ of mandamus is a legal remedy in which a federal court forces a subordinate agency (such as the CIC) to act when the processing delay has been “unreasonable.” To be regarded as unreasonable, a delay must meet the following conditions: the delay in question was longer than the nature of the process required, prima facie; the applicant and his or her legal counsel were not responsible for the delay; the authority responsible for the delay did not provide satisfactory justification.

Keeping in mind that the following list is not comprehensive, the cases below requested a writ of mandamus to force the CIC to act on citizenship or permanent residence applications:

2 responses to “Writ of Mandamus

  1. Here is some information I also put together, including on successful PR & Citizenship cases resulting from a Writ of Mandamus. Maybe this is something a group of Applicants might be interested it, depending on affordability to hire a lawyer.

    1. Legal definition of Mandamus:
    http://www.bellissimolawgroup.com/what-is-mandamus

    2. Canada Bar Association – Discussing Mandamus:
    http://www.cba.org/cba/cle/pdf/Bellissimo.pdf

    3. Successful resolve upon filing Writ of Mandamus (FSW/PR)
    http://www.canadavisa.com/canada-immigration-discussion-board/use-of-mandamus-t35955.0.html

    4. Example of successful Writ of Mandamus re: Permanent Residents (100+):
    http://reports.fja-cmf.gc.ca/eng/2003/2003fct211.html

    5. Example of successful Writ of Mandamus on Citizenship Application
    – Gondara v. Canada (Minister of Citizenship and Immigration)
    http://maxberger.ca/subcategories/cases/case38.php

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