Writ of Mandamus

What is a Writ of Mandamus?

The writ of mandamus (Latin for “we command”) stems from ancient English law, and began as official commands issued by royals. These dictated that subjects would undertake specific acts within their expected duty in cases where a failure to do so had led to adverse effects.

Today, a writ of mandamus is a court order issued by a superior court to a lower court, tribunal, government officer, or public authority to execute a duty that they are obligated by law to complete.

With regards to immigration, a writ of mandamus is a judicial remedy that asks the court to order Immigration, Refugees and Citizenship Canada (IRCC) — or another administrative entity — to issue a decision within a specified period of time.

A writ of mandamus can be used effectively on an extensive range of application types, including (but not limited to):

  • Permanent residence
  • Temporary residence
  • Citizenship
  • Temporary resident permit
  • Criminal rehabilitation.

After we sign a retainer agreement and an advance is provided to be held in our secure trust account, we start working on your matter.

It is important to note that you as our client do not need to do anything other than provide us with documents and instructions. We take care of the process from start to finish, and even if a hearing is scheduled, you do not need to attend it, as judicial review hearings proceed based on the paper record before the Court.

How Long Does It Take to Start the Mandamus Process?

Generally speaking, it takes our law firm between three to five business days from the receipt of the relevant documents to prepare a mandamus application. Also, it can take 3 to 6 months to get a decision from the Federal Court. For complex cases, it may take much longer. The judge will provide reasons for the decision and make an order to either grant the writ of mandamus or dismiss the case.

We hope this guide has provided you with a valuable insight into mandamus applications, and you feel more confident about beginning the process.