A Mandamus order is a legal tool that allows you to compel Canadian immigration authorities to review your visa application. This order is issued by the Federal Court of Canada and mandates the Immigration, Refugees and Citizenship Canada (IRCC) to promptly address your immigration case. However, before submitting a petition to the court, you must ensure that you meet all the necessary conditions for issuing this order and that your documents are flawless. Lack of awareness of the essential conditions may reduce your chances of success in court. If you have encountered unreasonable delays in your immigration process to Canada and need to familiarize yourself with the Mandamus law, this article will cover all the key points.
Mandamus in Canada: A Legal Means to Expedite Immigration Cases
Mandamus is a judicial order that assists applicants in cases of unreasonable delays in the immigration process to Canada. This order is issued by the Federal Court and requires the IRCC to review your case within a specified timeframe and announce the final decision.
If immigration officers refuse to process your case without a clear reason, you can utilize this law. Although this order does not guarantee a positive outcome, it can help expedite the review process.
Conditions for Using Mandamus After Delay
If you have applied for a Canadian visa but are facing challenges due to unreasonable delays, you can utilize the Mandamus law. It does not matter whether your application is for a study, work, tourist, or even permanent residency visa. Below, we examine the timeframes necessary for using the Mandamus order for different types of visas:
- The average processing time for study permits is 32 weeks. If this period exceeds 6 months, Mandamus can be utilized.
- The processing of work immigration applications typically takes 49 weeks. If more than 6 months have passed since your application, you can use Mandamus.
- Tourist visa applications are usually processed within 35 days. If this process takes longer than 6 months, you can also use Mandamus.Tracking Your Immigration Case to Canada: A Necessary Step Before Filing a Complaint
Before filing a complaint for a Mandamus order in court, you need to track the status of your immigration case. Whether you have applied for a work, study, or tourist visa, you should first check your case status through the IRCC online portal or by contacting the Canadian embassy.
Tracking Your Immigration Case to Canada Through the IRCC Web Form
The IRCC website has an online platform called the Web Form that allows you to check the status of your case. By logging into your account on this site, you can find out the latest status of your visa application. This tool helps you stay informed about the processing of your case and take any necessary actions to expedite the process if needed.
Contacting the Canadian Embassy to Track Your Case
Canadian embassies typically offer telephone support services. You can call the officials using the numbers provided on the embassy’s website to inquire about the status of your case. Additionally, in some embassies, there is also the option for in-person visits.
Steps to Obtain a Mandamus Order in the Federal Court of Canada
If there is an unreasonable delay in reviewing your case and your follow-ups yield no results, you can apply for a mandamus order through the Federal Court of Canada. The steps in this process are as follows:
Sending a Follow-Up Letter to the Visa Office
The first step to obtaining a mandamus order is to send a request letter for a follow-up to the visa office. This letter should be professionally drafted to compel immigration officers to process your application more swiftly. In many cases, after sending this letter, your case will be expedited shortly.
