Writ of Mandamus – Resolving Unreasonable Immigration Delays
Delays in immigration processing can cause significant stress, uncertainty, and disruption to your life. If Immigration, Refugees, and Citizenship Canada (IRCC) has unreasonably delayed your application, filing a Writ of Mandamus can compel the government to act. At KR Law Firm, we provide expert legal representation to help applicants challenge excessive processing delays and secure decisions within a reasonable timeframe.
What is a Writ of Mandamus?
A Writ of Mandamus is a Federal Court order that forces a government agency, such as IRCC, to perform its legal duty. It is used when:
- The IRCC has a legal obligation to process an application.
- The applicant has been waiting beyond a reasonable timeframe.
- There are no valid reasons for the delay.
- The applicant has exhausted all other options, such as IRCC inquiries or MP intervention.
For official IRCC processing times, visit: IRCC Processing Times.
When Should You Consider Filing a Writ of Mandamus?
A Writ of Mandamus is an effective remedy for excessive delays in:
- Permanent Residency Applications – Express Entry, Spousal Sponsorship, PNP, and humanitarian cases.
- Citizenship Applications – Naturalization and Canadian citizenship grants.
- Visa Applications – Study permits, work permits, visitor visas, and family sponsorship cases.
- Refugee & Asylum Claims – Protection and appeal cases awaiting IRCC decisions.
The Federal Court only grants a Writ of Mandamus if the delay is unreasonable and the IRCC has failed to act within a fair timeline.
Steps to File a Writ of Mandamus
At KR Law Firm, we follow a structured approach to filing a Writ of Mandamus:
1. Case Review & Eligibility Assessment
- Analyze the delay in your application.
- Review all communications with IRCC.
- Determine if the delay meets the Federal Court criteria.
2. Exhausting Alternative Solutions
- Submitting follow-up inquiries to IRCC.
- Contacting local Members of Parliament (MPs) for intervention.
- Requesting case status updates via webforms and ATIP requests.
3. Drafting & Filing the Writ of Mandamus
- Prepare and file the court petition detailing the delay.
- Provide legal arguments showing that the IRCC has failed its duty.
- Submit evidence of hardship due to the delay.
4. Representation in Federal Court
- Acting as your legal counsel throughout the proceedings.
- Negotiating with IRCC legal representatives for a resolution.
- Advocating for a prompt decision on your immigration matter.
Why Choose KR Law Firm for a Writ of Mandamus?
- Proven Expertise: Extensive experience in immigration litigation and Federal Court cases.
- Strategic Legal Representation: Proactive and results-driven approach to securing timely decisions.
- Client-Centered Advocacy: Tailored legal strategies based on your unique case.
Facing Immigration Delays? Take Action Today
If your immigration application has been delayed unreasonably, you may be eligible for a Writ of Mandamus. Book a free consultation with KR Law Firm today to explore your options and take legal action.