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Recent decisions in two cases involving immigration and study permit application processing delays came from the federal courts of Canada. In both instances, the applicant requested a writ of mandamus from the court in order to compel Immigration, Refugees and Citizenship Canada (IRCC) to handle their application.
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A writ of mandamus is a legal procedure that requests the courts to direct the IRCC or another administrative body to render a judgment within a predetermined time frame. A mandamus cannot be issued unless a number of circumstances are met, making it an unusual remedy. As demonstrated by these cases, it can be challenging to meet the conditions and requirements for a mandamus, which are only given where there has been substantial harm and the applicant has no other acceptable remedy available.
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A writ of mandamus can be an option for you if your application is experiencing significant delays, but it is typically a last resort. Before Mandamus, there are additional measures that might be helpful.
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