You submitted your application, paid the fees, and completed your biometrics months ago. Since then, you have been waiting for IRCC to make a decision, but there is still no update. Isn’t it concerning? If IRCC has taken an unreasonable amount of time, then you have a legal way to address it. This is called a mandamus application
Mandamus application may be a legal option for addressing unreasonable processing delays. If you live in Surrey and have been waiting too long for an immigration decision, understanding how mandamus works can help you decide what to do next.
What Is the Writ of Mandamus?
Mandamus is basically a Latin word that means “we command.” It is an application to the Federal Court of Canada asking the court to order Immigration, Refugees and Citizenship Canada (IRCC) to make a decision on your application. One thing to keep in mind is that Mandamus doesn’t force IRCC to approve your file. It forces them to decide it. For someone who has been waiting for years, a decision is what matters most. It allows you to plan your life, reunite with family, or finally know where you stand.
When Can You Apply for Mandamus?
Not every delay qualifies. The Federal Court applies a set of legal requirements, and your lawyer will need to show that:
- You have a right to a decision: You submitted your application and met the relevant requirements.
- IRCC has a legal duty to act: The department is responsible for processing your application and making a decision.
- The delay is unreasonable: Your application has been delayed for an excessive amount of time without a satisfactory explanation.
- You have followed up with IRCC: You have asked for an update or decision but have not received a meaningful response within a reasonable time.
- No other adequate remedy is available: There is no suitable alternative way to address the delay.
If your application is only a few weeks past the expected processing time, you may not qualify for mandamus. However, if the delay is much longer and IRCC has no good reason for it, you may have grounds to take legal action. Security checks can cause delays, but each case depends on its circumstances.
What Happens Before Going to Court
The court expects you to try reasonable steps first. Before filing, a mandamus lawyer will typically:
- Request your GCMS notes: These notes can help show what is happening with your application and whether IRCC has raised any concerns.
- Review your application: Your lawyer will check for missing documents or other issues that could affect your application.
- Send a formal letter to IRCC: Your lawyer may send a letter asking IRCC to make a decision within a reasonable timeframe.
In some cases, the demand letter alone is enough to get things moving.
How Do You File a Mandamus Application, Step by Step?
If your immigration application is being delayed by IRCC for an unreasonable amount of time, then you can ask the Federal Court to order the department to make a decision. Here is how the process generally works.
1. Gather Your Documents
Start by collecting documents such as your application confirmation, emails and webform replies from IRCC, and any processing updates. Your lawyer may also request your GCMS notes to better understand your file.
2. Send IRCC a Formal Demand
Your lawyer may send IRCC a letter explaining the delay as well as requesting a decision within a reasonable timeframe. This gives the department an opportunity to respond before court proceedings begin.
3: Give IRCC Reasonable Time to Respond
About 30 days is standard. If a decision comes through in that window, you avoid litigation entirely.
4: File the Application for Leave and for Judicial Review (ALJR)
Your lawyer files Form IR-1 with the Federal Court, naming the Minister of Citizenship and Immigration as respondent, and serves it on the Department of Justice. In delay cases there’s no decision to trigger the usual filing deadline, so counsel typically files once the demand deadline passes without a response.
5: File the Applicant’s Record
Your record includes your affidavit, exhibits, and a memorandum showing how your case meets the Apotex and Conille tests for unreasonable delay. It is due within 30 days of receiving IRCC’s notice that no written reasons exist.
6: Wait for the Leave Decision
The Department of Justice may file a response, and your lawyer can reply. A judge then reviews the written materials and decides on leave without a hearing. A refusal can’t be appealed, so the written argument has to be strong.
7: Settlement or Hearing
If leave is granted, the Court sets a hearing date and timelines for the remaining documents. In practice, many mandamus cases end earlier: IRCC often decides the file, or agrees to decide by a set date, once litigation begins.
Is There Any Risk in Filing a Mandamus Application?
Filing mandamus is your legal right, and it shouldn’t count against you. But there is one thing to keep in mind. If your application has missing documents or weak points, IRCC may refuse it sooner instead of approving it. That’s why a careful file review comes first. A good lawyer will tell you honestly whether mandamus is the right move now, or whether something needs fixing before you push for an answer.
Why Work with an Immigration Lawyer in Surrey?
Federal Court has strict rules, tight deadlines and specific formatting requirements. A single mistake can contribute to wasting time. Working with an experienced and best immigration lawyer means your case is built properly from the start, with the right evidence of delay and a clear record of your efforts to get an answer.
How CityLaw Can Help?
At CityLaw Group, we help applicants in Surrey and across Canada who are stuck waiting on IRCC. We review your file, explain your options, and act timely. If your decision is delayed, then stop having fake hopes, contact CityLaw today for a free consultation.
