If Immigration, Refugees and Citizenship Canada (“IRCC”) has delayed the processing of your application, you may have the option to seek a remedy called “mandamus.” This is a legal process that asks the Federal Court to compel IRCC to make a decision.

 

Step 1: Demand Letter to the IRCC Officer

• We send a formal letter to IRCC requesting a decision within 30 days. This is a legal requirement.
• It is rare that the matter is resolved at this stage.

 

Step 2: Federal Court Mandamus Application

• If IRCC does not act within 30 days, we file an Application for Leave and Judicial Review in Federal Court.
• No additional fees apply after this payment.

 

Step 3: Informal Resolution

• After filing our Court materials, we work to resolve the matter informally with IRCC.
• If the matter remains unresolved, the case moves forward and a Judge will decide whether to grant leave (permission) for a hearing.

 

Step 4: Possible Outcomes

• Many cases, the file is completed by the IRCC Officer before the matter proceeds to a hearing, if the Judge grants the hearing.
• If a hearing is required, we will advocate for you in Federal Court in a full hearing.

 

Timing

• Cases can resolve in as little as five (5) months, but may take up to eighteen (18) months, if a hearing is required.

 

Final Comments

We understand the prejudice that comes with processing delays, and our goal is to help you move your application forward as quickly and effectively as possible. Our team specializes in Mandamus Applications, and you are free to reach out to us directly at 604-754-2405 and joshua@slayenlaw.com.