The Federal Court has issued a writ of mandamus in response to a study permit application. The applicant initially submitted their application on July 13, 2022, but encountered delays as the application remained under a background check for over 15 months.
A writ of mandamus is a legal remedy sought from the courts to compel a government agency, such as Immigration, Refugees and Citizenship Canada (IRCC), to make a decision within a specific timeframe. In immigration matters, it is often pursued when an applicant faces significant delays in the processing of their application.
A mandamus is a legal recourse that is considered an extraordinary measure, typically used as a last resort. Its application depends heavily on the specifics of each case. Courts may grant a mandamus if there has been an unreasonable delay in processing an application, and if there is no satisfactory explanation for the delay.
A mandamus is a legal recourse that is considered an extraordinary measure, typically used as a last resort. Its application depends heavily on the specifics of each case. Courts may grant a mandamus if there has been an unreasonable delay in processing an application, and if there is no satisfactory explanation for the delay.
The applicant’s case was compounded by the fact that her husband had arrived in Canada as a student, resulting in a separation of over nine months. This separation was argued to have imposed significant emotional and psychological strain on her. Moreover, the uncertainty surrounding her application adversely impacted her ability to secure employment and support herself financially.
What to do if you are facing delays in your application
Before considering a writ of mandamus, applicants experiencing delays in their application processing should exhaust other avenues of recourse. This includes contacting the relevant immigration authorities to inquire about the status of their application, seeking assistance from their local Member of Parliament or immigration representative, and exploring alternative legal options such as administrative review or appeals. Additionally, keeping detailed records of all communication and documentation related to the application process can strengthen their case for seeking judicial intervention if necessary
Checking your application status on the IRCC website is the first step. Utilize their tool to get accurate wait time estimates for your application type. Keeping all documentation and applications up to date is crucial to prevent unnecessary delays
After checking your application status, if there are delays, file a webform inquiry or call the IRCC customer center for an update. Request a substantive response or reasoning for the delay. If inquiries to IRCC are unresponsive or unsatisfactory, consider asking a local member of Parliament to file a status update request.
