Mandamus Appeals Canada

The Meaning And Purpose Of Mandamus Canada

Mandamus means ‘we command’ in Latin. Its purpose is to compel a person of authority or a lower court to perform their ministerial duties correctly without any unexplained delays. A Mandamus is an order from the superior court presented to any subordinate court, corporation, public authority, or even the government to urge and take actions that are rightfully a part of their duty or refrain from doing so, whatever the matter at hand calls for. However, a mandamus cannot be issued to force an authority to act against statutory provisions. An individual filing for a mandamus application or a writ of mandamus should be able to demonstrate the legal rights that entitle them to compel the receiving party to perform or refrain from performing a certain duty.

What Is a Writ Of Mandamus?

A writ of mandamus is simply a way of persuading the court in power to urge the government to perform and deliver duties that they are entitled to in the interest of the public.

Also known as mandamus application, a writ of mandamus Canada can be used to ask The Federal Court of Canada to order the IRCC to make a decision for an immigration application that has been kept pending for too long without any logical explanation. This example is perfect for understanding the working of a mandamus application. Usually, delays do take place according to the specifications of a case. One can seek mandamus appeals in Canada if the waiting period exceeds the average time frame mentioned on the IRCC website.

Immigration delays are the most common and important reason for filing a mandamus application in Canada. Immigration applications can be delayed even because of the tiniest of mistakes. Therefore, one must assure that all requirements are met when applying for immigration.

Any missing document or false information can not just delay your immigration status but also make things go south. It’s better to be precise and avoid any delays and confusion. For example, delays can be caused in case of a missing document, a document that does not seem valid, has any signatures missing/not matching with other documents, or if the application fee is not paid. A writ of mandamus can be used to speed things up for your immigration process despite these common delays.

There might be times when delays occur due to staff mismanagement, a file backlog at the IRCC, or a limited staff. Which may make you wonder whether there is something wrong with your application or seek the right explanation for this delay. Applying for a writ of mandamus would help you get a clear idea of your status and urge the IRCC to take the necessary action!

How To Go About Your Mandamus Application?

There are certain requirements for an individual to be eligible in order to apply for a writ of mandamus. Firstly, the duty one is looking for must be: 

  1. A duty of public nature; and
  2. It must be imperative and not discretionary at all.

For a court to accept your plea for filing a mandamus application, conditions as such should be met: 

  1. The duty must be a public legal duty
  2. The applicant must be owed that duty legally 
  3. The right to performance of that duty
  4. The applicant has met all requirements of availing the said duty 
  5. There was: 
    • A prior need for the fulfilment of duty and a time frame to comply with the demand unless it was refused. 
    • An unreasonable delay which implied or expressed with no specific explanation. 
  6. There is no other procedure left for the applicant to find answers with 
  7. The order will about some change in the matter
  8. During the exercise of discretion, the court found no equitable relief sought. 
  9. Once proved convenient, a writ of mandamus can be issued.

How Chaudhary Law Can Help?

Chaudhary Law has been dealing with all things immigration for long enough to help any applicants through their process swiftly. Our team is highly skilled and experienced in Immigration Law, Refugee Law, or can assist you with availing a temporary/student visa. We are the guardians of your rights and specialize in mandamus appeals in Canada and look forward to helping you come out of whatever fix you may find yourself in. Book your consultation today!

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