Writ of Mandamus
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Enforcing Timely Decisions from Immigration Authorities
When an immigration application is submitted and fully supported, applicants have the right to expect a timely decision. However, delays that stretch well beyond standard processing times—with no justification—can cause unnecessary hardship, stress, and legal uncertainty. In such cases, a Writ of Mandamus may be the appropriate legal remedy.
At Sunder Law, we assist individuals whose applications have been unreasonably delayed by Immigration, Refugees and Citizenship Canada (IRCC) or the Canada Border Services Agency (CBSA). Through a Writ of Mandamus, we apply to the Federal Court of Canada to compel immigration authorities to fulfill their legal duty to render a decision.
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How Sunder Law Can Help?
Prompt Legal Action
We respond quickly to prolonged delays by preparing and filing Mandamus applications within the required Federal Court timelines—ensuring your rights are protected without further disruption.
Strong, Court-Ready Submissions
We prepare persuasive legal arguments supported by affidavits, documented timelines, and relevant case law to demonstrate the unreasonable nature of the delay.
Thorough Case Evaluation
Our team conducts a detailed review of your immigration history, application status, and all correspondence to determine if your case meets the legal threshold for Mandamus.
Experienced Federal Court Representation
With a clear understanding of Federal Court procedures, we represent you professionally at every stage—offering clarity, confidence, and committed legal advocacy.
Frequently Asked Questions (FAQs)
It is used to compel IRCC or CBSA to issue a decision on a delayed application. It does not guarantee a positive outcome, but it forces the government to act when no decision has been made within a reasonable timeframe.
This remedy is applicable to delays in permanent residency, citizenship, refugee claims, H&C applications, and work or study permit renewals, among others. Sunder Law will evaluate your case to confirm eligibility.
While there is no fixed threshold, delays exceeding 12 months—especially when they surpass published IRCC processing standards—may qualify. We assess your delay against current benchmarks to determine if Mandamus is warranted.
You’ll need proof of your application submission, IRCC acknowledgments, and evidence of follow-up attempts. Sunder Law assists in organizing your file and drafting a strong affidavit outlining the history of the delay.
The court looks at whether the delay is unreasonable, whether the government has a duty to decide, and whether the applicant has exhausted other remedies. Our role is to present your case in a manner that meets these legal criteria.
While outcomes vary, a granted Mandamus often results in faster processing. In many cases, the government may render a decision during the Mandamus process. We monitor your case and provide timely updates as developments occur.
Technically yes, but Mandamus is a Federal Court proceeding that requires formal legal submissions, affidavits, and strict procedural compliance. At Sunder Law, we bring the legal knowledge and court experience necessary to present your case effectively.