writ of Mandamus canada

If your Canadian immigration application has been stuck in limbo for too long, a Writ of Mandamus might be the legal tool you need. This court order compels IRCC or another government body to act when they’ve failed to make a decision in a reasonable timeframe.

What is a Writ of Mandamus?

A Writ of Mandamus is a legal remedy issued by the Federal Court of Canada that forces a public authority—like IRCC—to carry out its duty when it has unreasonably delayed your immigration decision.

When Can You Use It?

This legal route may be appropriate if:

  • You’ve experienced long, unexplained delays
  • The government has a clear duty to make a decision
  • You’ve already tried all other channels to resolve the issue

Why File a Mandamus in Immigration Cases?

Mandamus applications are common when dealing with:

  • Stalled PR applications
  • Delayed study/work permits
  • Spousal sponsorships awaiting action for months or years

The goal isn’t to ask for a “yes” or “no” decision—but simply to compel IRCC to respond.

What’s Involved in Filing?

To file a Mandamus application, you’ll need to:

  • Prove the delay is unreasonable
  • Show IRCC has a non-discretionary duty to decide
  • File a Judicial Review application in Federal Court

In many cases, filing a writ of mandamus itself prompts IRCC to act before the matter even reaches a court hearing.

Success Rate and Considerations

Mandamus cases involving IRCC delays see 50–60% success rates. Success often depends on:

  • Strength of your documentation
  • Evidence of attempts to resolve the delay
  • How clearly the duty to act is defined

Why You Should Hire a Canadian Immigration Lawyer

Taking legal action like filing a writ of mandamus requires precision and strategy. A Canadian immigration lawyer can guide you through the process, help avoid missteps, and increase the chances of a timely resolution.

Mandamus Canada Immigration – FAQs

Q1: How long does a Mandamus case take in Canada?

A: On average, 3 to 8 months, but many resolve sooner if IRCC acts after you file.

Q2: Do I need a lawyer to file a Mandamus application?

A: Not required, but legal representation is strongly recommended due to the technical process.

Q3: Can I use Mandamus for all types of immigration delays?

A: It’s most effective when there's no discretion involved—like delays in processing completed applications.

Q4: Will filing hurt my immigration case?

A: No. It’s a legal right. But it should be used when all other steps have failed.

Q5: What happens if IRCC decides while the case is pending?

A: The case is usually dismissed as moot—but you still achieve your goal of getting a decision.