What Is a Writ of Mandamus and What Is It Not?

admin — Fri, 07 Jun 2024 03:49:43 +0000

A Federal Court application seeking a writ of mandamus asks the Court to order IRCC to issue a decision regarding a delayed immigration application. An applicant may request a writ of mandamus to be filed for any immigration-related application delays, such as: Citizenship application delay Permanent residence application filed via Express Entry delay Application for a Federal Skilled Worker (FSW) processing delay Application for a temporary resident visa delay (a student visa processing delay, work permit processing delay, or visitor visa processing) Electronic Travel Authorization (ETA) processing delay Criminal rehabilitation application delay Spousal or common law sponsorship delay Parental sponsorship (PGP processing) delay However, a writ of mandamus is not a letter to IRCC submitted via one of IRCC’s various portals or a request to a consulate. What Are the Key Prerequisites for Seeking a Writ of Mandamus at the Federal Court? While you can find the general prerequisites in our Writ of Mandamus FAQ, here’s a quick breakdown. A delay affecting the application in question While we only utilized this remedy for exceptional delays before the COVID-19 pandemic, given the sizable backlog IRCC is delaying, IRCC is likely to action the relevant application to avoid litigation, even if the delay may not justify granting the writ when proceedings commence. Even though we haven’t had a case related to COVID-19 make it to a hearing, even if your case reaches that stage, an extra six to 12 months will likely be added to the delay by the time it does. As a result, in the worst-case (and most unlikely) scenario, you would still be able to present a strong argument regarding the delay at the time of the hearing. So, there is nothing to lose by seeking a writ of mandamus at Federal Court. A prior demand for performance You cannot proceed with a writ if you haven’t asked IRCC to complete processing your application yet. Federal Court jurisprudence states that a simple update request is enough to meet this requirement, and most of our clients do this through a Case Specific Inquiry submitted via webform.

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admin — Sat, 18 May 2024 03:51:30 +0000

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What Is a Writ of Mandamus and What Is It Not?

Hello world!

This is the world