Common Reasons Why Canadian Immigration Application Cases Are Delayed
Immigration applications can be delayed if the application is incomplete, for example if a form, signature or document is missing, or if application fees were not paid. Delay occurs when Immigration, Refugees and Citizenship Canada (IRCC) has to contact an applicant to request missing information.
Immigration applications can also be delayed if IRCC is dealing with a large backlog of files and small number of staff.
Despite these common delays, a mandamus application may be appropriate to speed up your immigration application depending on the specific facts of your case.
What is a Writ of Mandamus (Application)?
A writ of mandamus is a way of asking a court to order the government to perform a duty that is owed to the public. (Re Minister of Manpower and Immigration and Tsiafakis (1977), 73 D.L.R. (3d) 139 (Fed. C.A.).)
In the immigration context, a writ of mandamus, also known as a mandamus application, is used to ask the Federal Court of Canada to order IRCC to issue a decision on an immigration application when an immigration application has been pending for an unreasonable amount of time. Usually, a delay is unreasonable if it is taking longer than the average processing time listed on the IRCC website, however
this will depend on the specific facts of your case. (Conille v. Canada (Minister of Citizenship and Immigration),  2 FC 33.)
How Do I Apply for Mandamus?
Mandamus applications for immigration purposes are filed with the Federal Court. The application must show that the applicant has the right to seek mandamus based on certain legal criteria. (Apotex Inc. v. Canada (Attorney General),  1 FC 742)
If the Federal Court agrees, the judge will order IRCC to finalize the immigration application within a certain period of time, for example, 30 days from the date of the order.
The IRCC has the right to respond to a mandamus application in court. The Department of Justice are the lawyers for IRCC. Sometimes, the Department of Justice asks IRCC to settle the case and issue a decision themselves, to avoid having to proceed to a hearing at the Court.
How Battista Smith Migration Law Group Can Help
Battista Smith Migration Law Group has years of experience arguing successful mandamus applications and getting quick decisions for clients.