Are you looking for a way to expedite the processing of your Canadian immigration application? A Mandamus order may be just what you need. This legal tool has become increasingly popular in recent years, as it can give applicants an edge when navigating the often-challenging immigration process. In this article, we will walk you through what a Mandamus order is and how it relates to Canadian immigration, including information on the legal basis of using such an order, types of applications that can be made with it, potential timelines for processing an application through a Mandamus Order and tips on increasing your chances of success when applying for immigration to Canada.
A Mandamus order is defined as a court document or writ that compels someone to do something which they are legally obligated to do but have failed or refused to do. In other words, it orders government officials or agencies like Citizenship and Immigration Canada (CIC) to perform their duties within a certain timeframe. This type of order has been used by various government departments since the early 19th century, but its popularity has grown significantly in recent years due to its effectiveness in compelling CIC officials to act upon applications quickly.
When filing an application with CIC, applicants may find themselves waiting months or even years before they receive any response from the department. This is where a Mandamus Order comes in: It provides applicants with the legal power needed to compel CIC into action and get their applications processed at a much faster rate than normal. The basis for using such an order lies in Section 32(1)(a) of the Federal Courts Act which states that “the court shall have jurisdiction over any matter… relating directly or indirectly” to citizenship and immigration matters.
A number of different types of applications can be made with a Mandamus Order depending on individual circumstances such as residence permit renewals and permanent residency status requests. Furthermore, those who meet specific criteria may also use this tool for appeals against decisions made by CIC regarding various matters ranging from visa refusals/revocations and removal orders/refusals all the way up to humanitarian & compassionate considerations (H&C). However, regardless of which type of application is being filed through a Mandamus Order, there is no guarantee that it will be successful – each case must stand on its own merits.
In terms of timelines for processing an application through this method, there is no single answer as each case is unique; however most cases should see some response within three months if not sooner depending on complexity and volume at CIC offices across Canada at any given time period. Additionally, experienced lawyers may also be able to speed up this process even further by filing multiple motions simultaneously which could then potentially result in decision making within weeks rather than months.
Finally there are certain steps one can take prior filing such an application in order increase chances of success when applying for Canadian immigration via this route: Firstly make sure all documents required by CIC are provided accurately; secondly ensure that all applicable fees are paid correctly; thirdly prepare persuasive argumentation explaining why using this method would benefit both parties involved; lastly seek assistance from qualified professionals like lawyers or accredited representatives familiarised with relevant laws surrounding these issues who could provide valuable advice throughout entire process leading up until resolution stage if needed.
All things considered, Mandamus Orders offer powerful tool available for those hoping speed up their Canadian Immigration process but ultimately ability obtain one depends largely on individual circumstances so obtaining professional help along way never hurts either.