An affective judicial remedy that asks the courts to order IRCC – or another administrative entity – to issue a decision within a specified period of time is called a writ of mandamus.
A writ of mandamus is an extraordinary remedy that requires cumulative conditions to be satisfied in order for a mandamus to be issued. The conditions and requirements for a mandamus can be difficult to achieve and will only be granted in situations where there is serious prejudice and no other adequate remedy is available to the applicant.
If you are facing serious delays in your application, a writ of mandamus may be an option for you; however, it is usually a last resort. There are other steps you should take before a mandamus that may be helpful.
IRCC has service standards that set out the usual processing times for applications. However, there can be delays to these processing standards, which mean that processing times are longer than IRCC’s service standard. IRCC’s processing times are measured based on how long it took to process 80% of applications in the past for each immigration category.
During the process the applicant must ensure that all documentation and required applications are up to date in order to avoid unnecessary delays. Check the application status on IRCC’s website, which has a processing tool that is meant to accurately show the expected wait times.
In addition to webform you may also can file an ATIP, or an Access to Information and Privacy Application. An ATIP is a request for an applicant’s Global Case Management System (GCMS) notes. Along with the GCMS notes, you may also request Computer Assisted Immigration Professing System (CAIPS) notes or their Field Operations Support System (FOSS) notes.
Finally, you may consider hiring a lawyer to submit a formal request letter via IRCC’s webform. This letter will discuss how the delays in your application have seriously impacted you and the efforts you have already taken to follow up with IRCC.
