Mandamus

A writ of mandamus is used when there has been a significant or unreasonable delay in the processing of your immigration application. It is issued by a superior court to a lower court or a government officer to execute their duty to complete an application. A writ of mandamus can be a useful resource in applications for permanent and temporary residence. Before deciding to do a writ of mandamus you must make sure that you have completed your application properly and that you are not responsible for the delay. If you believe that the delay is unreasonable you should first send a demand letter asking IRCC to finalize the processing of your application. For the court to issue a writ of mandamus you must demonstrate that there is a public legal duty to act; there is a clear right to the performance of that duty; there was a prior demand for performance of the duty; a reasonable time to comply with the demand unless refused outright; and a subsequent refusal which can be either expressed or implied; no other adequate remedy is available to the applicant and on a balance of convenience an order in the nature of mandamus should be issued. You should consult with a lawyer to determine if a writ of mandamus is appropriate for you.