Mandamus Applications
When you’ve done everything right—submitted your application, paid the fees, and waited patiently—delays can feel endless. Webform inquiries go unanswered, processing times come and go, and your life plans are put on hold. In situations like these, there is a legal remedy: a Mandamus Application.
What Is Mandamus?
A writ of mandamus is a request to the Federal Court of Canada asking a judge to order Immigration, Refugees and Citizenship Canada (IRCC) to do its job—make a decision on your application. It doesn’t force IRCC to approve your application. It simply compels them to act when they’ve delayed unreasonably. In other words, you’re asking the Court to say: “Make a decision—yes or no—but stop ignoring this case.”
When Can Mandamus Help?
Not every delay qualifies. The Court looks at whether the delay is unreasonable. Generally, that means:
- Your application has been pending far longer than IRCC’s published processing time.
- You’ve submitted all required documents and paid all fees.
- You’ve made reasonable efforts to follow up, but IRCC hasn’t acted.
- There’s no valid explanation for the delay.
For example, if a spousal sponsorship application with a 12-month processing time has been waiting 24 months with no updates, this may be the type of case where mandamus applies.
Step-by-Step Process
Here’s how a mandamus case usually unfolds:
- Case Review & Demand Letter
We start by reviewing your situation. If appropriate, we send a formal demand letter to IRCC and the Department of Justice. This letter explains why the delay is unreasonable and requests a decision within 30 days. - Wait for Response
In many cases, this is enough. IRCC may act quickly to avoid going to court. Roughly a third of cases are resolved at this stage. - File in Federal Court
If there’s no action, we file a Notice of Application in Federal Court. This begins the legal process. You’re not suing IRCC for damages—you’re asking a judge to order them to make a decision. - Serve the Department of Justice (DOJ)
The government is formally notified. Often within 10–30 days, DOJ may reach out to discuss settlement. - Settlement or Hearing
Most cases settle here. The government agrees to finalize your application within a set time (often 30–60 days). Only a small percentage of cases—about 10–20%—go all the way to a hearing. - Hearing & Decision
If your case goes to court and the judge agrees the delay is unreasonable, the Court will order IRCC to decide within a specific time frame.
What the Court Considers
The Federal Court has outlined clear criteria for mandamus. To succeed, you generally must show that:
- IRCC has a legal duty to decide your application.
- That duty is owed to you as the applicant.
- The delay is unreasonable.
- You’ve made a formal demand for action.
- There is no other adequate remedy.
These principles come from cases like Apotex Inc. v. Canada (A.G.) and are applied regularly in immigration mandamus applications.
Is Mandamus Right for You?
Mandamus isn’t appropriate for every case. But if you’ve experienced a long, unexplained delay and exhausted other options, it can be a powerful tool.
In fact, many delays are resolved as soon as the government sees that a mandamus case is being prepared. Simply standing up for your rights often gets IRCC’s attention.
Take the Next Step
If you think your case has been stuck too long, we can help you determine whether mandamus is the right path forward.
Contact us today to discuss your situation. Acting now could be the difference between waiting indefinitely and finally getting the decision you deserve.
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