When applying for a Canadian visa, the wait for approval can often feel like an eternity. Immigration processes are sometimes slow and unpredictable, leaving applicants frustrated and uncertain about the status of their applications. In such situations, one potential solution to expedite your visa request is Mandamus IRCC.
Mandamus IRCC is a legal remedy that compels the Canadian government to take action on your visa application if they have failed to do so within a reasonable time. By filing a Mandamus application, you are essentially asking the Federal Court of Canada to intervene and instruct immigration authorities to make a decision on your visa.
If you’ve encountered unreasonable delays or believe your application is being unfairly stalled, Mandamus could provide the relief you need. In the following sections, we’ll explore how this legal process works and why it could be the key to speeding up your Canadian visa application.
What Is a Writ of Mandamus?
A writ of mandamus against IRCC is an order from the Federal Court of Canada that forces immigration authorities to decide on a visa or permit application if it has been delayed unreasonably for too long. This legal remedy ensures the IRCC fulfills its responsibilities promptly, giving applicants a way to speed up their cases when facing unnecessary delays.
You might use a writ of mandamus Canada when your initial application is stuck in limbo or after a successful appeal in the Federal Court, where processing still hasn’t resumed. However, it’s not a way to cut ahead in line—it’s for addressing excessive, unjustifiable, and unreasonable delays.
The Federal Court reviews the facts, such as how long the delay is and whether the government has a valid reason for it. If the court agrees the delay is unreasonable, it orders IRCC to process the application within a set time.
A writ of mandamus IRCC applies to many visa types, including:
- Study Permits
- Work Permits
- Visitor Visas
- Canadian Permanent Residency
- Citizenship
This judicial remedy ensures your case gets the attention it deserves, safeguarding fairness in immigration processes.
- Canada Visa Denied? Watch This Video to Save Your Case!
In this video, Immigration Consultant Mr. Homapour explains how to appeal a refused Canada visa through judicial review, offering a chance to overturn rejections due to missing documents, insufficient funds, or other reasons.
Topics covered in this video
- How to appeal a refused Canada visa through judicial review
- Federal Court deadlines & costs for appeals
- Legal Memorandum and its role in your case
- Sample Settlement Offer explained
- Steps to file a judicial review after refusal
- Key documents for a strong appeal
- Winning strategies to boost your chances
Watch now to learn how to strengthen your appeal!
When Should We File a Writ of Mandamus for IRCC Delays?
Here’s when to consider sending a writ of mandamus to expedite your Canadian visa application:
1. Your Application Faces an Unreasonable Delay
If your application is delayed far beyond IRCC’s normal processing times without valid reasons, you may file a writ of mandamus. The delay is calculated from the last official communication of IRCC, such as an information letter.
- Key Points to Remember:
- Delays caused by background checks are typically reasonable.
- The clock starts from IRCC’s last communication, not the submission date.
- The delay must be long enough to be considered unreasonable.
- If IRCC delays further communication after an update, you don’t need to wait to file; you can proceed after 3-4 months of inaction.
2. You haven’t Received Any Actions or Updates from IRCC
If IRCC hasn’t updated your case despite repeated follow-ups, this could indicate inaction. Document all your communication (emails, letters, calls) to use as evidence.
Examples of updates include:
- Receiving a Submission Confirmation Letter
A Submission Confirmation Letter from IRCC acknowledges receipt of your application, including documents and payment, and marks the start of processing.
- Receiving a Request Letter
A Request Letter from IRCC asks for additional documents or information needed to continue processing your application, with a deadline for submission.
If IRCC sends a Request Letter after filing your writ of mandamus, you should no longer proceed with your mandamus. If you continue, the judge will likely dismiss your case, as you’ve received an update from IRCC and are no longer eligible for a writ of mandamus.
- Procedural Fairness Letter
A Procedural Fairness Letter from IRCC allows you to address concerns or provide clarification, often related to document authenticity or eligibility issues. However, officers aren’t obligated to send this letter and it’s rarely issued.
- Receiving an Information Letter
An Information Letter from IRCC indicates that your application is under review and no action is required from you at this time.
- Key Points to Remember:
Suppose, at any stage, IRCC takes action on your application and provides an update. In that case, you should wait before proceeding with your writ of mandamus, especially if you’ve already sent a Demand Letter but haven’t filed your writ of mandamus in the Federal Court.
The starting point for calculating the delay is from the date of the last communication from IRCC. This means that even if there’s an update in the case notes, it doesn’t count. You should have been officially notified.
3. You Have Time-Sensitive Needs
If delays are causing significant harm—like missing a job offer, interrupting studies, or handling a family emergency—a writ of mandamus can emphasize urgency and prompt IRCC to act.
4. All Requirements Are Met But Your Application is Still Delayed
If you’ve fulfilled every requirement, paid fees, and responded to IRCC, but your application remains stalled, this legal action can compel IRCC to process your case.
5. There Are No Other Remedies Available
Before filing a mandamus IRCC, you must show that there are no alternative solutions and this is your last resort.
Who Can File a Writ of Mandamus for IRCC Delays?
A writ of mandamus should be considered by any individual whose Canadian visa application is experiencing unreasonable delays and where the IRCC is failing to act by legal obligations. People who may file a writ of mandamus include:
- Visa Applicants Facing Unreasonable Delays
Those whose cases have exceeded IRCC’s standard processing times without valid reasons, including individuals whose work permit, or study permit are delayed.
- Permanent Residency or Citizenship Seekers
Applicants whose PR or citizenship applications are stuck despite meeting all requirements.
- Canadian Lawyers on Behalf of the Individual
The one who submits on your behalf should be a licensed Canadian lawyer, not a CRIC or immigration consultant. Lawyers ensure the proper legal process is followed and represent your case effectively in Federal Court.
If you’ve taken all necessary steps but there’s still no movement on your application, then sending a writ of mandamus could be the solution to compel IRCC to take action.
How Long Should I Wait Before Filing a Writ of Mandamus?
It is typically advised to wait at least double the processing time. However, the waiting period varies for different visa types, for example, visitor visas are typically processed faster than permanent residence applications. It also depends on the specifics of your immigration case.
Deciding when to file a writ of mandamus for your Canadian immigration application depends on a few key factors. Here’s a more straightforward approach to figuring out the right timing:
1. Check the Normal Processing Times
Start by comparing how long your application has been pending to the typical processing times listed by IRCC. If it’s well past the usual timeline with no clear updates, it may be time to consider a writ of mandamus.
2. Consider Known Delays or Exceptional Circumstances
Known delays such as backlogs, and background checks could cause your wait time to stretch longer. If you’re aware of these issues, it might make sense to wait a little longer before taking legal action.
3. Look for Inactivity
Check the history of your application. If there’s been no progress or updates for a significant period, you may want to take action. You can request your GCMS notes to see if any steps have been taken on your case.
4. Try Other Possible Options First
Before taking legal action, ensure you’ve tried all the other avenues to resolve the issue, such as submitting web forms and sending emails.
- Remember that processing times alone aren't enough.
IRCC doesn’t provide average processing times for all applications, and the posted times only reflect most cases in each category. Some delays may be valid, making the order of mandamus Canada unsuitable for all cases.
Our team assesses the right time for mandamus based on your case’s specifics, including the application type, your actions, immigration history, IRCC processing times, and any unique circumstances.
Book a consultation to find out if mandamus is right for you.
Required Documents for a Writ of Mandamus Application
- Copies of your original application or request
- Records of your communications with IRCC
- Proof of unreasonable delays
- Evidence showing the IRCC’s duty to act
- Documentation of any harm caused by the delay
How to File a Writ of Mandamus Canada for IRCC Delays
Filing a writ of mandamus is a serious legal process. So, you should prepare it carefully and adhere to the Court procedure. Here’s a breakdown of all the steps you need to take to navigate this process effectively:
Step 1: Gather Your Evidence
Collect proof of IRCC’s delay or any inaction, including processing timelines, any unanswered communication with IRCC (webforms, emails, etc.), and documentation of any harm caused by the delay.
Step 2: Consider Consulting with a Lawyer
Mandamus applications are complex. A professional Canadian lawyer can help you build a strong case and guide you through the process.
Choosing the right mandamus attorney is crucial for the outcome of your case. Look for experience in mandamus and immigration cases, a strong success record, clear fees, and good communication. While not always the cheapest, an experienced lawyer can resolve delays faster and more effectively, saving you time and money in the long run.
Step 3: Write a Letter of Demand to IRCC
The first phase of your writ of mandamus begins with writing a Letter of Demand and sending it to IRCC. This is a formal way of telling IRCC that you’re serious about your case and intend to file a writ of mandamus if they don’t respond or act on your application. In this letter, you give them a final opportunity to process your application before you move forward with the IRCC mandamus request.
- What should be included in a letter of demand?
- Clearly outline your case and include evidence of the delay.
- Explain why the delay is unreasonable.
- Request IRCC to process your application within a specific timeframe.
- State that you meet the legal requirements for a mandamus application and that you intend to file one if no action is taken within the specified timeframe.
- Include details of any previous attempts you’ve made to follow up on your application, such as emails and webforms.
- Specify a clear deadline for IRCC to respond. Typically, 30 days.
- Don’t know how to write a Demand Letter? We Are Here to Help!
Our experienced team can craft a powerful Letter of Demand on your behalf, clearly outlining the unreasonable delay, providing necessary evidence, and setting a firm deadline for IRCC to act. We’ll ensure the letter is strong, professional, and tailored to your case, increasing the chances of a prompt response.
Let us take the stress out of the process for you.
- Request ATIP Notes at the Same Time
Meanwhile, submit an ATIP request to obtain the internal notes on your file. ATIP notes give you a behind-the-scenes look at how your application is being handled, showing if there have been any delays or lack of action by IRCC.
This information is crucial for proving that IRCC hasn’t processed your application in a reasonable time, which strengthens your case for IRCC mandamus.
- Outcome: What Happens Next?
- IRCC Responds
If IRCC responds and processes your application, you can skip the next steps. - You Receive No Response
If there’s no satisfactory response, move on to the next step—It’s time to file a leave application.
Keep Copies of Everything!
Be sure to keep copies of the Letter of Demand as well as any responses from IRCC. These documents are essential if you need to move forward with the mandamus process.
Sometimes, just sending a demand letter to IRCC as the first step in the mandamus process can be enough to prompt action, eliminating the need to file a writ of mandamus at the Federal Court.
Demand Letter Sample
Step 4: File a Leave Application at the Federal Court
Now that you’ve seen no satisfactory response from IRCC, it’s time to file an Application for Leave and Judicial Review with the Federal Court of Canada.
You need to take your application to the Registry of the Court and pay the filing fee.
By submitting this document, you request the court’s permission to proceed with a writ of mandamus application.
Then, file a Notice of Application to the Federal Court and serve (deliver) a copy to the Department of Justice (DOJ), which represents IRCC.
- Timeframe
It usually takes 2 to 4 weeks to file a leave application at the Federal Court of Canada.
Step 5: Write Your Legal Memorandum and Prepare Your AR
Now you must prepare your Application Record (AR) which includes:
- Affidavit
- Legal memorandum (factum)
- All related documents and evidence
The most critical part is writing your legal memorandum (legal factum). It provides the legal basis for why the court should allow the case to move forward.
Your legal memorandum outlines your case in detail and your arguments, including why IRCC’s delay is unreasonable and why you should be granted permission to proceed with a writ of mandamus. All your claims should be backed by evidence and legal reasoning.
You should also include all necessary documents, such as affidavits, and any communications with IRCC in your AR.
After crafting your application record, you need to submit it.
DOJ Will Respond
DOJ will review your application and provide a legal factum of its own to oppose the writ. They may argue you haven’t met the legal requirements, or they are not legally required to act, and also why the writ should not be granted.
- Timeframe
DOJ will usually provide their legal memorandum in about 30-60 days.
Offer of Settlement
Immigration authorities may offer you a settlement during any stage of the IRCC mandamus process and agree to process your visa application within a set timeframe to resolve the issue without going to a court hearing.
Step 6: Leave Granted by the Court (Permission to Proceed)
A Federal Court judge reviews your application for judicial review and decides whether to permit you to move forward (to grant leave).
The Outcome
- If leave is granted, a court hearing will be scheduled in 3–4 months.
- If leave is denied, the proceedings end, and your case will be dismissed.
- Timeframe
It typically takes 1–3 months to hear back.
Step 7: Attend the Hearing (Present your case before the judge)
In the hearing, both parties (you and the DOJ) will present arguments and all the related evidence before a judge.
Then, the judge will review the facts of your case and both party’s arguments to determine whether the delay by IRCC is excessive, unjustified, or unreasonable. He will evaluate if issuing an order of mandamus Canada is the appropriate remedy to resolve the situation.
- Who Can Defend Me in the Federal Court?
You can represent yourself in the Federal Court.
But keep in mind that this process is complicated and you need to understand Canadian Immigration law to stand a chance when facing IRCC Representative’s arguments.
So, it’s strongly recommended to seek help from certified Canadian lawyers (Solicitor or Barrister) to represent you in the Federal Court.
Step 8: Receive the Court’s Decision
The decision of the judge can be one of the following:
- Grant the Writ (Court Orders the Processing of the Application)
If the court agrees with your arguments and determines that the delay is unreasonable, the judge will order IRCC to process the application within a specific timeframe, which is usually 30 days.
Your case may also influence future cases with similar situations.
Recovering Legal Fees if You Win the Case
When your writ of mandamus is granted, you may be able to recover your legal costs as you are the “prevailing party”. The losing party (IRCC) is required to cover all court expenses, including filing fees.
- Dismissal of the Writ (Court Dismisses the Case)
The judge will dismiss your writ of Mandamus if the court decides that:
- The delay is reasonable
- The delay is within normal processing times
- You didn’t meet the legal requirements
- You’ve filed your request too early (e.g. before the end of the normal processing time of the application)
- Timeframe
Expect a decision within 2–6 months from the court after the hearing, though complex cases may take longer.
- Key Points to Remember:
- A writ of mandamus doesn’t guarantee approval, but it can push IRCC to decide on your case without further delays. It’s a way to hold them accountable when waiting isn’t an option anymore.
- The judge can’t grant or reject your visa. If they side with you, their role is to order IRCC to take action on it.
What to Do If the Judge Denies Your Mandamus Application?
Here’s what you can do if the judge denies your writ of mandamus:
Reapply for Mandamus
It means submitting a new mandamus application, typically after addressing the issues that led to the previous denial.
You may be able to submit a fresh application if something important changes in your case or if new evidence comes up. This should only be done if the new information makes your case stronger.
1. New evidence may include:
Continuing communication with IRCC after your mandamus is dismissed, with no response from them. These unanswered communications can be used as new evidence.
Receiving an update from IRCC, but then experiencing another few months of delay without further updates. In this case, you can file a new writ of mandamus.
2. File a motion for reconsideration.
It means asking the judge in the federal court to reconsider and review its denial of your mandamus, based on new evidence or legal arguments.
3. Appeal to a Higher Court (appeal the dismissal)
It means challenging the dismissal of your mandamus by taking the case to a higher court for review. It’s possible when there is an error in law or procedure.
4. Pursue alternative legal remedies.
It means you can explore other options, like requesting action from the Minister’s office. These options are for when the delay is exceptionally long and affects your livelihood or status in Canada. It’s less formal than a writ of Mandamus but may still help in some cases.
5. Continue communicating with IRCC.
It means maintaining ongoing contact with IRCC to follow up on your case and request updates or further action. It can be done through sending emails or webforms.
Step 9: The Final Outcome (IRCC Will Process Your Application)
If your writ of mandamus is successful and the judge orders IRCC to make a decision, they’ll typically have to process your application within a set timeframe—usually 30 days. Keep in mind that it only speeds up the process and doesn’t affect the outcome.
The processing of your application can lead to one of the following outcomes:
- IRCC Approves Your Visa Application (Visa Approval)
IRCC will review your application within the specified timeframe by the court and grant you a visa.
- IRCC Refuses Your Visa Application (Visa Refusal)
IRCC reviews your application and rejects your visa.
IRCC Starts Processing Your Application But You Won’t Receive Immediate Decision
When your writ of mandamus is granted, you may be able to recover your legal costs as you are the “prevailing party”. The losing party (IRCC) is required to cover all court expenses, including filing fees.
Timeline for Filing a Writ of Mandamus IRCC
- Write and send a demand letter
Usually, 30 to 45 days deadline for IRCC to respond and process your application.
- Prepare and file a leave application
Filing and initial preparation may take 2-4 weeks.
- Legal Memorandum
Usually 1 Week.
- Receiving IRCC’s Response
Usually within 30-60 days.
- Obtain leave from the Federal Court
The decision typically takes 1-2 months.
- Attend the hearing
The hearing usually occurs within 3-4 months after leave is granted.
- Receive the court’s decision.
The Court’s decision typically takes 2-6 months. Complex cases take longer.
- If the court sides with you
If your writ is granted, IRCC should act within a specific timeframe (for example, 30 days) to finalize the decision on your application.
- Total Estimated Writ of Mandamus Processing Time Canada:
- Best case (resolved after demand letter): 30 to 45 days.
- Typical case (proceeding to court): Approximately 3-12 months from filing your writ of mandamus to receiving the final decision of the Court.
Keep in mind that many cases are resolved when you file a writ of mandamus Canada and don’t proceed to a hearing.
Writ of Mandamus Cost in Canada
There are 3 sets of mandamus application IRCC costs you should consider:
- Court Filing Fees
- Approximately $50 for the Federal Court.
- Lawyer Fees
- Vary based on the complexity of the case and the lawyer’s experience.
- Additional Expenses, such as:
- Service of Process Fees
- Around $50 to $100.
- Document preparation and copying costs
- Vary based on your situation
Is there any risk in filing a mandamus?
Filing a writ of mandamus IRCC doesn’t have any risk and won’t negatively impact your visa application in any way. However, there are some general downsides that you should be aware of:
- Additional writ of mandamus IRCC costs, including legal fees, filing fees, etc.
- Investing time and energy to prepare and pursue the case.
- No guarantee of visa approval.
You need to understand the pros and cons of filing a writ of mandamus Canada before pursuing this legal avenue.
Effectiveness and Success Rate of Mandamus for Delayed Cases
Generally, 50–60% of mandamus applications for Canadian immigration cases involving IRCC delays are successful. However, all of our clients have been granted a favorable outcome in court, with many even receiving approval after sending a Demand Letter. This results in a 100% success rate for our cases at Visa Mondial.
The overall writ of mandamus success rate Canada shows that while a mandamus action does not always guarantee a win, it is still a viable option in pushing IRCC to take action.
But you don’t always need to go all the way through a court decision. Sometimes, just filing a mandamus application is enough to get the IRCC moving, before a judge even makes a decision. That’s why mandamus is a powerful tool when dealing with significant delays.
Mandamus Applications in Canada: Trends and Statistics
immigration system, with delays in processing. As a result, more applicants are turning to mandamus applications, which saw a significant rise from 253 in 2021 to 595 in 2022.
Over the past six years, a total of 1,358 mandamus cases were filed. This trend suggests that, as delays in immigration processing continue, mandamus is becoming a popular and somewhat effective solution for individuals trying to address processing delays and speed up the process.
Mandamus Applications in Canada: Trends and Statistics
| Year | Total number of Mandamus Cases |
|---|---|
| 2023 | 219 |
| 2022 | 595 |
| 2021 | 253 |
| 2020 | 67 |
| 2019 | 125 |
| 2018 | 99 |
| Grand Total | 1,358 |
Mandamus in Action; Real-Life Cases
Let’s look at some of our clients who went through the Mandamus process to speed up the processing of their visa application:
- Visa Type: Study Permit
- Application Submission Date: August 15, 2022
- Mandamus Process Timeline:
- First Stage (Sending the Letter of Demand): October 11, 2023
- Second Stage (Filing in the Federal Court): November 21, 2023
- Mandamus Outcome: Case resolved, application decision issued
- Final Visa Application Outcome: Approved
- Final Decision Date: May 31, 2024
Read About Melody's Case
Melody, an Iranian mother with dreams of studying in Canada, applied for a study permit on August 15, 2022. Her young daughter, set to accompany her with a visitor visa, received approval in November of that year. But for Melody, silence. Her application was stuck in the background check, with no updates in sight.
Months of waiting turned her anticipation into anguish. On October 11, 2023, we sent a Letter of Demand to IRCC, but nothing changed. So, we filed a writ of mandamus with the Federal Court of Canada on November 21, 2023, demanding action.
The wait dragged on, but her persistence paid off. On May 31, 2024, Melody’s visa was finally approved. Together with her daughter, she boarded a plane to Canada, carrying not just her belongings but her hard-earned triumph.
- Visa Type: Visitor Visa
- Application Submission Date: August 13, 2023
- Mandamus Process Timeline:
- First Stage (Sending the Letter of Demand): March 18, 2024
- Second Stage (Filing in the Federal Court): May 21, 2024
- Mandamus Outcome: Case resolved, application decision issued
- Final Visa Application Outcome: Approved
- Final Decision Date: May 29, 2024
Read About Tina's Case
Tina applied for a visitor visa on August 13, 2023, to join her husband in Canada. It was supposed to be simple—fill out the forms, submit the documents, and wait a reasonable amount of time. But months passed, and there was nothing. No updates, no explanations. Just silence.
By March 2024, Tina was at her breaking point. Her husband was in Canada, she was stuck waiting, and life felt like it was on hold. That’s when she came to us. She wasn’t just frustrated—she was exhausted. “I don’t know what else to do,” she told us.
We knew exactly what to do. On March 18, 2024, we sent IRCC a Letter of Demand—a formal way of saying, “You’ve had enough time. It’s time to act.” But, as we expected, nothing happened. So, we took the next step. On May 21, 2024, we filed a writ of mandamus in Federal Court.
Here’s the thing about mandamus: it gets attention. Within days of filing, IRCC finally moved on her application. And on May 29, 2024, nine long months after she first applied, Tina got her visa.
She called us as soon as she saw the approval. Her voice cracked when she said, “I’m finally going to see him.”
For Tina, this was more than paperwork—it was her life. And for us, cases like hers are why we do what we do because no one should have to wait that long to be with the person they love.
- Visa Type: Study Permit
- Application Submission Date: July 20, 2023
- Mandamus Process Timeline:
- First Stage (Sending the Letter of Demand): April 30, 2024
- Second Stage (Before Filing in the Federal Court): July 04, 2024
- Mandamus Outcome: Case resolved, application decision issued
- Final Visa Application Outcome: Approved
- Final Decision Date: August 12, 2024
Read About Mani's Case
At 40, Mani had made a big decision: he was going back to the university. After years of working in his home country, he earned admission to the MBA program at Alberta University, a chance to reinvent his career and build a new future. On July 20, 2023, he applied for a study permit, eager to start the next chapter of his life.
But weeks turned into months, and his excitement began to fade. While others prepared for classes, Mani was stuck refreshing his inbox, waiting for any sign that IRCC was processing his application. By April 2024, nine months had passed, and Mani was still in limbo. Time wasn’t just slipping away—his dreams were on hold.
That’s when he turned to us. Mani wasn’t just frustrated; he was starting to doubt if his move to Canada would even happen. “Am I too late?” he asked. We assured him it wasn’t over.
On April 30, 2024, we sent IRCC a Letter of Demand, formally requesting action on his application. When that didn’t work, we filed a writ of mandamus in Federal Court on July 4, 2024. The legal process was in motion, and Mani’s case was now impossible to ignore.
Before we even submitted our final arguments, IRCC finally acted. On August 12, 2024, Mani’s visa was approved. He called us the next day, relieved but still processing everything. “I didn’t think it was going to happen,” he admitted.
- Visa Type: Study Permit
- Application Submission Date: August 08, 2023
- Mandamus Process Timeline:
- First Stage (Sending the Letter of Demand): May 01, 2024
- Mandamus Outcome: Case resolved, application decision issued
- Final Visa Application Outcome: Approved
- Final Decision Date: November 18, 2024
Read About Ariya's Case
Ariya wasn’t new to the process of applying for a study permit. His first application had been denied, leaving him discouraged and uncertain about his future. But he wasn’t the type to give up easily. At 36, with an offer to study a Master’s in Leadership and Business at Trinity Western University, he decided to try again. On August 8, 2023, he resubmitted his application, holding onto hope despite the sting of his earlier refusal.
This time, Ariya was determined to do everything right. He deferred his start date to January 2025, giving IRCC plenty of time to process his application. But as months passed, the silence was deafening.
By May 01, 2024, nearly nine months had gone by with no word. The frustration of waiting began to feel eerily similar to the disappointment he’d faced the first time.
That’s when he came to us. Ariya was understandably cautious, worried his history with IRCC might work against him again. We assured him that his case wasn’t just another file—it was a story worth advocating for.
On May 1, 2024, we sent a Letter of Demand to IRCC, making it clear that the delays were unacceptable. This wasn’t just about meeting a deadline; it was about giving Ariya the opportunity he had worked so hard for.
The result came faster than anyone expected. IRCC responded with a pass request notice, and on November 18, 2024, Ariya’s visa was finally approved.
When he called us to share the news, his relief was palpable. “I can finally start planning my future,” he said. And he wasn’t just talking about school—he was talking about everything this visa represented: a second chance, a fresh start, and proof that persistence pays off.
Our Services
- 1. Case Assessment
- Evaluate whether your case qualifies for a writ of mandamus.
- 2. Document Preparation
- Assist in gathering evidence.
- Draft and compile the necessary legal documents to file the writ of mandamus.
- 3. Writing the Demand Letter
- Draft a demand letter to IRCC outlining the delay.
- State IRCC’s legal duty to act promptly.
- Warn of legal action if delays continue.
- 4. Legal Representation
(Filing a Writ of Mandamus in Court)
- Filing the application for the writ of mandamus.
- Present your case to the court, arguing that IRCC has an unreasonable delay and must fulfill its legal duty.
- 5. Communication with IRCC
Engage with IRCC to advocate for your case and respond to any requests after filing the writ.
- 6. Strategic Advice
- Provide tailored guidance throughout the process, ensuring you understand each step clearly.
- Advise on alternative remedies if a writ of mandamus is not suitable for your case.
- 7. Post-Filing Support
- Follow up to ensure timely action from IRCC after the writ has been filed.
- Help resolve any outstanding issues with your immigration application.
We have successfully handled more than a thousand writ of mandamus applications in the Court with a success rate of 100%. However, in most cases, the decision is received from the IRCC before we proceed to the second phase of mandamus and file in the Federal Court of Canada.
Do you want to speed up the processing of your application? Schedule your consultation today!
FAQ
What are the risks of filing a writ of mandamus?
There are no risks related to filing a writ of mandamus. It does not affect your visa application in any negative way.
Can I file a mandamus without an attorney?
Yes. You can file a mandamus without an attorney (or Pro Se.) However, it is highly suggested to seek legal help due to the complexity of immigration law and Federal Court procedures.
How long does a mandamus typically take to resolve?
In our experience, the worst-case scenario takes 1 year and the best-case scenario is usually resolved around 10 days after submitting the Demand Letter.
What are the key functions of the mandamus?
- Draws attention to a delayed case.
- Allows a higher authority to order IRCC to make a decision on the case.
How can I obtain a writ of mandamus?
First, send a demand letter to IRCC. If you receive no response within the set timeframe, you can then file your case in the Federal Court of Canada.
