When IRCC delays your application beyond what is reasonable, you are not powerless. A lawyer can ask the Court to compel a decision.
You did everything right. You filed your application, you waited, and then you kept waiting, through processing estimates that came and went, through emails that went unanswered, while your life stayed on hold. When a Canadian immigration application is delayed far beyond what is reasonable, you are not powerless. A remedy called mandamus can ask the Federal Court to compel Immigration, Refugees and Citizenship Canada (IRCC) to make a decision.
Mandamus is an order from the Federal Court of Canada directing a government decision-maker to carry out a legal duty it has failed to perform, namely the duty to decide your application within a reasonable time. It does not ask the Court to approve your application; it asks the Court to require IRCC to finally decide it.
Whether a delay is “unreasonable” depends on the type of application and its circumstances, there is no single magic number. A proper assessment is essential before filing.
We review your file and write to IRCC demanding a decision.
If delay continues, we file an Application for Leave and for Judicial Review at the Federal Court.
Often IRCC decides after filing and before a hearing; if not, the matter proceeds before the Court.
It depends on the application type and the facts. Some delays of a year or more may be unreasonable; others may not be. We assess your specific file before advising.
Lawfully asking for a decision you are owed does not, in itself, prejudice your application. We manage the process carefully and professionally.
No. Only a lawyer licensed by a Canadian law society may represent you before the Federal Court.
Fees depend on the complexity of your matter. We provide a transparent quote after an initial assessment.
A refusal opens a separate path, judicial review of that decision, which we can also pursue.
Immigration, family, corporate or cross-border. We will tell you honestly what can be done, and what cannot.
Book a Consultation您把该做的都做了:递交了申请,然后等待,再等待,审理时间一再超出预期,邮件石沉大海,而您的人生却被按下了暂停键。当加拿大移民申请的延误远远超出合理范围时,您并非无计可施。一种称为“强制令(Mandamus)”的救济,可以请求联邦法院责令加拿大移民局(IRCC)作出决定。
强制令是加拿大联邦法院发出的命令,责令政府决策者履行其未履行的法定职责,在此即“在合理时间内就您的申请作出决定”的职责。它并不要求法院批准您的申请,而是要求移民局必须作出决定。
延误是否“不合理”取决于申请类型与具体情形,并无统一的时间标准,因此正式申请前的专业评估至关重要。
审阅您的案卷,并致函移民局要求作出决定。
若延误持续,向联邦法院提交“许可及司法复议申请”。
许多案件在立案后、开庭前,移民局便会作出决定;如未作出,则进入法院程序。
取决于申请类型与具体事实。有些延误超过一年可能属于不合理,有些则未必。我们会先评估您的具体案卷再作建议。
依法要求本应作出的决定,本身不会损害您的申请。我们会审慎、专业地处理整个流程。
不能。只有加拿大持牌律师才能在联邦法院代理您。