In recent times, the Canadian federal courts have delivered significant rulings on the issue of processing delays in immigration and study permit applications. These cases have shed light on the potential effectiveness of utilizing a legal remedy known as a writ of mandamus. This legal tool allows individuals to seek court intervention to compel Immigration, Refugees and Citizenship Canada (IRCC) to make a decision within a specific timeframe.
A writ of mandamus essentially serves as a judicial order instructing IRCC – or another relevant administrative entity – to render a decision promptly. This mechanism becomes particularly relevant in cases where delays have caused significant inconvenience or hardship to applicants.
The Case of Tala Ghaddar
Consider the case of Tala Ghaddar and her family, who sought a writ of mandamus to compel IRCC to process their application for permanent residence. Filed over six years ago in 2016 through the Express Entry system and under the Provincial Nominee Program (PNP), Ghaddar’s family had been nominated and invited to apply for permanent residency in 2017. Despite their endeavors, updates from IRCC remained insufficient since 2018.
The court ruled in favor of the family, deeming the delay unjustifiable and requiring IRCC to complete processing within 90 days. Moreover, the court awarded the family costs amounting to $1,000, recognizing the undue hardship endured due to the prolonged uncertainty.
The Study Permit Dilemma
In a similar context, another applicant sought a writ of mandamus to expedite IRCC’s decision on his study permit application. Armed with a Bachelor’s and Master’s degree from Zhejiang University in Canada, the applicant was accepted into a prestigious Ph.D. program at the University of British Columbia. Although his application was submitted in 2021, the court’s ruling highlighted the importance of demonstrating substantial prejudice resulting from the delay. In this instance, the applicant’s ability to commence the program remotely from China was considered a mitigating factor, influencing the court’s decision.
These cases underscore the exceptional nature of a writ of mandamus, which is only granted under specific circumstances. Notably, this legal remedy requires the fulfillment of cumulative conditions and is typically considered when no other adequate solution is available to the applicant.
Navigating Immigration Delays Effectively
While a writ of mandamus is an option in cases of significant delay, it is crucial to explore alternative avenues before resorting to legal action. The first step is to ensure that all necessary documentation and applications are up to date. This proactive approach minimizes avoidable delays that could arise from incomplete or outdated submissions.
Monitoring the status of your application on IRCC’s website is equally important. The website provides a processing tool designed to provide accurate estimates of expected wait times. Additionally, applicants can submit inquiries through a web form or contact the IRCC customer center to seek substantive explanations for any delays. If responses are inadequate or unanswered, engaging local members of Parliament to request status updates is another potential course of action.
Harnessing The Power of ATIP
Another effective approach is to file an Access to Information and Privacy Application (ATIP). Through this process, applicants can request access to their Global Case Management System (GCMS) notes, which may shed light on any concerns or doubts IRCC officers have about the application. Armed with this insight, applicants can take proactive measures to address any issues or provide additional evidence to strengthen their case.
In certain situations, it may be advisable to engage legal representation. A lawyer can draft a formal request letter via IRCC’s webform, outlining the impact of the delays on the applicant and highlighting the efforts made to engage with IRCC in resolving the matter.
Understanding Processing Times
Understanding the calculation of processing times is essential. IRCC’s processing times are based on historical data, reflecting the duration it took to process 80% of past applications. The countdown begins upon receipt of a complete application and concludes upon the issuance of a decision.
In conclusion, recent legal developments highlight the potential of a writ of mandamus as a remedy for addressing processing delays in Canadian immigration applications. However, this option should be considered as a last resort. Exploring alternative steps, such as ensuring complete and up-to-date documentation, utilizing IRCC’s online tools, and seeking clarification through inquiries, can prove effective in resolving delays and achieving a favorable immigration outcome.
By navigating the complexities of immigration delays proactively and strategically, applicants can enhance their chances of a timely and successful immigration journey.
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