Mandamus (Federal Court of Canada) – Golden Maple Immigration

Mandamus

What is Mandamus and Do I Need One?
- A writ of mandamus is an order from a Court to a government officer/public authority to fulfill a duty they are legally obligated to execute. If you have been waiting a long time for an immigration application decision, a writ of mandamus may help expedite the process. This applies for all immigration applications including study permits, work permits, temporary resident (visitor) visas, and permanent residence (PR) applications.
What Happens If I Succeed?
- If the Federal Court issues a writ of mandamus and Immigration, Refugees, and Citizenship Canada (IRCC) will need to finalize your application within a certain period of time (usually 30 days). However, this timeline varies depending on volume, the type of application, and other factors.
How We Can Help?
- Our expertise in issuing writs of mandamus can help you get closer to having your immigration application decided.

In the immigration context, a mandamus application is made when the applicant has been waiting an unreasonably long period of time for a decision. There is no definite period of time and the facts of your case are important as well, but it typically means more than 1.5x the time expected for your application to be processed.
The best place to start is to check the processing time of your specific application type. If you have waited longer than the expected timeframe, contact us and we will discuss how we can help speed up the process.

Send a Letter of Demand to the Department of Justice and Visa Office:
- We will meticulously craft a letter informing the relevant authorities that you have been waiting an inordinate amount of time for a decision on your application and encourage them to fulfill their responsibility to provide you with a response.
- Our objective is to have your application processed following the issuance of this demand letter and our track record in this respect has allowed us to save time and money for our clients.
File An Application for Judicial Review for a Writ of Mandamus:
- If our demand letter is unsuccessful, we will submit an application for “leave and for judicial review”, asking the Court’s permission to bring an application for judicial review. The Department of Justice (DOJ), who act as representation for IRCC, will also be notified.
- The DOJ will have an opportunity to respond, and at this stage, negotiations toward settlement can take place. If delays persist and settlement seems unlikely, we can continue the legal proceedings.
- A Federal Court judge will review our memorandum of arguments outlining why the Court should issue a writ of mandamus for your case. The demand letter we sent will also serve as evidence to the Court that we have made all reasonable attempts to request a decision from IRCC directly.
- If a judge grants the application, a hearing will be scheduled. Reaching a decision typically takes anywhere from two to six months at this stage.

Our expertise has allowed us to help countless families resolve their stalled immigration applications. We recognize that immigration is a stressful process and want to help you secure the best possible outcome as soon as possible. The legal intricacies can be daunting, but we are experienced in this regard and are eager to advocate on your behalf.
Our mission is to assist all aspiring immigrants to Canada. Contact us for a comprehensive consultation, where we’ll present you with a range of tailored options. We’ll meticulously review your case before and advise you on how to move forward. Trust Golden Maple to guide you toward success.