Mandamus Applications

The firm provides legal representation for applicants experiencing unreasonable delays in the processing of their immigration applications. A mandamus application asks the Federal Court of Canada to compel Immigration, Refugees and Citizenship Canada (IRCC) to issue a decision when delay has become excessive, unexplained, or unjustified.

Mandamus is a remedy available once specific legal criteria are met, and is used across permanent residence, temporary residence, sponsorships, and complex background screening files.

Overview of Mandamus

Mandamus is a judicial order requiring a government decision-maker to perform a legal duty. In the immigration context, the Court evaluates whether IRCC has failed to process an application within a timeframe that is reasonable based on the nature of the application, the steps completed, the steps outstanding, and the explanations provided.

The Federal Court applies the principles established in leading case law, which set out the legal framework for determining when mandamus is appropriate.

Mandamus does not compel IRCC to approve an application. It compels IRCC to make a decision.

Who This Service Is For

This service is suitable for:

• applicants whose files have exceeded typical or posted processing times
• sponsorship applicants experiencing prolonged inactivity
• permanent residence applicants awaiting security screening or background checks
• temporary residence applicants whose files have stalled after reprocessing
• individuals who have complied with all IRCC requests but received no progress updates
• applicants who have sent multiple follow-ups or demand letters without resolution
• applicants whose circumstances are negatively affected by continued delay

Legal Representation Provided

Eligibility and Strategy

The firm conducts a detailed assessment to determine whether a mandamus application is appropriate, including:

• verifying that a complete application was submitted with all required documents and fees
• reviewing GCMS notes and correspondence to confirm periods of inactivity
• evaluating whether IRCC has a clear duty to act and whether that duty is owed to the applicant
• determining whether the delay is unreasonable based on the nature of the application
• confirming that the applicant is not responsible for the delay
• assessing whether IRCC has offered any satisfactory justification
• ensuring that no adequate alternative remedy exists

These factors reflect the criteria the Federal Court requires for mandamus.

Demand Letters and Preliminary Steps

Before proceeding to Federal Court, the firm prepares demand letters formally requesting that IRCC finalize the application within a defined timeframe. Demand letters establish that:

• IRCC has been notified of the delay
• the applicant has taken reasonable steps to seek action
• no alternative remedy has resolved the issue

This step is essential before initiating mandamus.

Documentation and Evidence

Representation includes:

• review of GCMS notes, background screening history, and internal processing logs
• preparation of affidavit evidence documenting all follow-ups and the impact of the delay
• compilation of correspondence, webforms, and MP inquiries
• confirmation that statutory and regulatory requirements have been met
• identification of any factors that IRCC may rely on to justify delay

Federal Court Application Preparation

The firm prepares:

• the Notice of Application for judicial review
• affidavit evidence and exhibits
• a legal memorandum addressing the legal test criteria
• submissions on unreasonable delay and lack of alternative remedies
• correspondence with the Department of Justice after filing
• proposals for consent timelines where appropriate

Complex Situations

Mandamus may be appropriate in cases involving:

• prolonged security screening without clear justification
• sponsorships delayed beyond typical timelines
• applications reopened after a judicial review settlement but not finalized
• economic class files with extended background checks
• protected person PR applications subject to multi-year delays
• temporary residence applications that remain unresolved despite complete documentation

When Mandamus Is Not Appropriate

Mandamus may not be suitable where:

• the application is still within normal processing ranges
• IRCC has recently taken substantive action on the file
• the applicant has outstanding document requests
• required demand letters have not yet been issued
• an alternative remedy exists that would reasonably resolve the issue

The firm evaluates these factors during the initial assessment.

Possible Outcomes

Mandamus can result in:

• IRCC taking action shortly after receiving a demand letter
• the Department of Justice agreeing to a consent order setting a deadline for IRCC to decide
• a Federal Court order requiring IRCC to finalize the application within a specific timeframe
• the Court retaining jurisdiction and setting monitoring periods for compliance

Costs are addressed where appropriate, although costs awards are generally reserved for special circumstances.