Delays in immigration processing can significantly disrupt your life, whether you’re waiting for permanent residence, a work permit, or a study permit. When Immigration, Refugees and Citizenship Canada (IRCC) takes unreasonably long to decide your application, a mandamus application offers a powerful legal solution to compel government action.
At Lewis et Associés SENCRL, our experienced immigration lawyers understand the frustration of prolonged delays and can help you navigate the mandamus process effectively. This article explains how mandamus applications work and when they may be the right option for your case.
A mandamus application, also known as a writ of mandamus, is a judicial remedy that compels a government official or public body to perform a duty they are legally required to fulfill. In Canadian immigration law, this means requesting the Federal Court to order IRCC to make a decision on your immigration application within a reasonable timeframe.
The term “mandamus” comes from Latin meaning “we command.” When the court grants a mandamus order, it commands the responsible government agency to take action. However, it’s important to understand that mandamus compels a decision to be made—it does not guarantee approval of your application.
Mandamus applications are appropriate when your immigration application has experienced unreasonable delays beyond normal processing times. Several factors indicate when mandamus might be necessary:
Processing times significantly exceed IRCC’s published service standards for your application type. For permanent residence applications, delays exceeding 1.5 to 3 times the standard processing time may warrant consideration. When IRCC fails to respond to your inquiries about application status or provides only generic responses without substantive updates, this may indicate administrative inaction.
The delay causes significant hardship, such as family separation, lost employment opportunities, inability to pursue education, or financial difficulties. You have exhausted all other remedies, including requesting expedited processing, contacting your Member of Parliament, and utilizing IRCC’s webform inquiries.
Filing a mandamus application involves several strategic steps that require careful attention to legal requirements and procedural rules.
Initial Notice to IRCC: Before filing with the Federal Court, your immigration lawyer will send a formal notice to the relevant IRCC office. This notice requests that IRCC make a decision within a specific period, typically 30 days. The notice outlines how the delay has affected you and puts IRCC on formal notice of your intent to seek judicial intervention if necessary.
In many cases, this formal notice prompts IRCC to take action without requiring court proceedings. However, if IRCC fails to respond adequately within the prescribed time, the next step is to file with the Federal Court.
Filing with Federal Court: Your lawyer will prepare and file an application for judicial review with the Federal Court of Canada. This application includes detailed documentation demonstrating the unreasonable delay, correspondence with IRCC, evidence of how the delay has impacted you, and legal arguments supporting your right to a timely decision.
The filing itself often triggers government action. Many immigration lawyers report that IRCC schedules decisions or interviews within 30 to 60 days of receiving the court application, even before a hearing takes place.
For the Federal Court to grant a mandamus order, applicants must satisfy several legal requirements established through Canadian case law.
There must be a clear public legal duty for IRCC to act. Immigration officers have a legal obligation to process applications within reasonable timeframes. The duty must be specifically owed to you as the applicant. You must have fulfilled all conditions precedent—meaning you submitted a complete application with all required documentation and fees.
The delay must be unreasonable considering all circumstances. Factors courts consider include the length of delay, the complexity of your case, IRCC’s explanation for the delay, and the prejudice you suffer from the delay. You must demonstrate that no other adequate remedy exists. In immigration cases, this criterion is typically satisfied because only IRCC can grant the visa or permit you seek.
The mandamus order must have practical value and effect. This is usually evident because the order will compel IRCC to make a decision on your application. You must come to court with “clean hands,” meaning you did not cause or contribute to the delay through incomplete submissions or failure to respond to IRCC requests.
Mandamus applications can be effective for various immigration application types experiencing unreasonable delays:
Permanent residence applications, including Express Entry, family sponsorship, Provincial Nominee Programs, and humanitarian and compassionate applications. Citizenship applications where the processing significantly exceeds normal timeframes. Study permit applications when delays prevent students from beginning their academic programs. Work permit applications, including Labour Market Impact Assessment-based permits and employer-specific work permits. Visitor visa applications when processing delays disrupt family reunification or business opportunities.
Filing a mandamus application involves several costs. The Federal Court filing fee is required when submitting your application. Legal fees vary depending on the complexity of your case and whether it proceeds to a full hearing or settles beforehand. Many cases resolve after the initial filing, which can reduce overall legal costs.
Success rates for mandamus applications are generally favorable when filed on strong factual and legal grounds. Many applications result in IRCC taking action before a hearing occurs. When cases proceed to court, judges frequently grant mandamus orders when unreasonable delays are clearly demonstrated.
In some cases, courts may order the government to pay costs associated with the mandamus application, particularly when IRCC’s delay was egregious or when special circumstances exist. However, the primary benefit is obtaining a decision on your immigration application, not financial compensation.
Navigating the mandamus process requires expertise in both immigration law and Federal Court procedure. At Lewis et Associés SENCRL, our team evaluates each case individually to determine whether mandamus is the appropriate remedy for your situation.
Our lawyers have extensive experience representing clients in Federal Court mandamus proceedings. Led by Jacqueline Lewis and Ariel Hollander, our legal team includes Elio Yarali, Nicolas Turp, and Katya Stella Assoe, all dedicated to achieving results for our clients.
If your immigration application has been delayed beyond reasonable expectations, contact Lewis et Associés SENCRL to discuss your options. Our office is located at 1117 Rue Sainte-Catherine Suite 507, Montreal, QC H3B 1H9. You can reach us at (514) 360-5754 or email info@lewislegal.ca.
