A mandamus application, often called a writ of mandamus, asks the Federal Court to order IRCC to decide your application. It is worth considering when your file has been waiting far longer than normal, the delay is not your fault, and IRCC has given no good reason for it. It can force a decision, not an approval.
What mandamus is
Mandamus is a court order requiring a government decision-maker to carry out a legal duty. In immigration, the duty is usually to decide an application that has been properly made. Mandamus is a type of judicial review, so you first need the court’s permission (“leave”) under section 72 of the Immigration and Refugee Protection Act.
The test the court applies
The Federal Court applies a set of conditions for mandamus. For delay cases, three questions usually decide the outcome:
- Is the delay longer than normal? The wait must be longer than the nature of the process reasonably requires. There is no fixed number of months.
- Did you cause any of it? You and your representative must not have caused or added to the delay, for example by missing a request for documents.
- Does IRCC have a good explanation? Ongoing security or admissibility checks can be a satisfactory explanation, at least for a while.
You must also show IRCC owes you a duty to decide, and that you have met the requirements so the file is ready for a decision.
Applications where delays come up most
- Spousal and family sponsorship
- Permanent residence, including Express Entry and provincial nominee files
- Citizenship grants
- Study and work permits, and visitor visas
How to file a mandamus: the steps
Most cases should start with these cheaper steps. They sometimes fix the problem, and they build your evidence if they do not.
- Check your file. Make sure IRCC has everything it asked for and that your contact details are current.
- Ask for an update through the IRCC web form, and keep every reply.
- Request your GCMS notes. They show what is happening inside your file, such as pending security checks.
- Send a demand letter. A formal letter asks IRCC to decide within a reasonable time.
- File for mandamus in the Federal Court if nothing changes.
What usually happens after you file
In many cases IRCC makes a decision after the application is filed, before the court rules. If not, the court can order IRCC to decide and may set a deadline. Either way the delay ends. If the decision is a refusal, it can then be challenged on its own.
How much does a mandamus application cost?
Cost depends on how far the file goes. Many delays end after a demand letter, or soon after the court application is filed, which costs far less than a case that goes to a hearing. We explain the likely cost for your file at your consultation.
In immigration and citizenship cases in the Federal Court, each side usually pays its own legal costs. The court awards costs only for special reasons, so you are unlikely to be ordered to pay IRCC’s costs if the application does not succeed.
Mandamus for citizenship applications
Mandamus is not limited to sponsorship and permanent residence. If a citizenship grant has been delayed far beyond normal, with your test, interview and documents complete, a mandamus application can ask the Federal Court to order IRCC to decide. See our citizenship lawyers page for refusals and other citizenship problems.
When mandamus may not be the right move
- Your application has a weakness. A decision forced now could be a refusal. It may be better to strengthen the file first.
- Security screening is under way. The court may accept a longer delay in these cases.
- The wait is only somewhat longer than posted processing times. The court looks for a delay well beyond what the process requires.
Do I need to live near your office?
No. Mandamus is a Federal Court application, so we can act for applicants anywhere in Canada or abroad, by phone and video. See our page on IRCC delays and mandamus, or book a consultation from our offices in Abbotsford, Surrey and Vancouver.
FAQ
How long is too long to wait for IRCC?
There is no fixed number. The court asks whether the delay is longer than the process normally requires, whether you caused any of it, and whether IRCC has a good explanation.
Can mandamus get my application approved?
No. The court can order IRCC to make a decision, but not a particular decision.
How much does a writ of mandamus cost?
It depends on whether the delay ends after a demand letter, after filing, or at a hearing. Each side usually pays its own costs in Federal Court immigration cases.
Can I file a mandamus for a citizenship application?
Yes, if the delay is far longer than normal and your file is ready for a decision.
Will a mandamus application hurt my file?
It is a normal legal step that asks for a decision. It should not change how your application is assessed.