We have helped hundreds of applicants and their families when their cases and their lives were seemingly stalled for years awaiting a decision on a permanent or temporary visa application. The solution was Mandamus.
A writ of mandamus or simply mandamus, which means “we
command” in Latin, is the name of one of the prerogative writs in the
common law, and is issued by a superior court to compel a lower court or
a government officer to perform mandatory or purely ministerial duties
correctly.
Mandamus is a judicial remedy which is in the form of an order from a
superior court to any government, subordinate court, corporation or
public authority to do or forbear from doing some specific act which
that body is obliged under law to do or refrain from doing, as the case
may be, and which is in the nature of public duty and in certain cases
of a statutory duty. It cannot be issued to compel an authority to do
something against statutory provision.
The applicant pleading for a writ of mandamus to be enforced must
demonstrate that s/he has a legal right to compel the respondent to do
or refrain from doing the specific act. The duty sought to be enforced
must have two qualities:
It must be a duty of public nature; and
The duty must be imperative and should not be discretionary.
For the court to issue a writ a mandamus, a number of conditions must be satisfied.
There must be a public legal duty to act.
The duty must be owed to the applicant.
There is a clear right to the performance of that duty, in particular:
The applicant has satisfied all conditions precedent giving rise to the duty;
There was:
a prior demand for performance of the duty; (ii) a reasonable time to comply with the demand unless refused outright; and
a subsequent refusal which can be either expressed or implied, e.g. unreasonable delay.
No other adequate remedy is available to the applicant.
The order sought will be of some practical value or effect.
The Court in the exercise of discretion finds no equitable bar to the relief sought.
On a “balance of convenience” an order in the nature of mandamus should issue.
When contemplating whether to commence a mandamus application,
counsel should make reference to the processing times listed on the CIC
website. Unreasonable delay can only be determined in comparison to
average processing times. In submissions, counsel should focus on the
normal processing times and how much the processing time in question has
exceeded the average, what the applicant has done to ensure that
his/her application is complete and well documented, and reasons why the
applicant feels that the officer’s explanation for the delay is
unsatisfactory.
In this respect, the Courts in most cases have refused to accept
departmental backlogs, or staff shortages as reasonable explanations,
nor do they tend to look to the system as a whole. Rather, each case is
assessed on its own facts. The question often arises as to whether a
background or security check constitutes a justifiable explanation for
the delay. As with the other prongs of the test, this is a determination
which can only be made with reference to the specific facts of the
case. Counsel must tailor the arguments to the facts of the case at
hand, with particular attention paid to what the applicant has been
doing to move his case along, and what the respondent has failed to do
to perform their duty.
No Other Adequate Remedy is Available to the Applicant
In the immigration context, this prong of the test is easily
satisfied – an officer is the only person in a position to grant the
remedy that the applicant is requesting – namely, the issuance of a visa
or other immigration document.
The Order Sought will be of Some Practical Value or Effect
Again, this is rarely an issue in a mandamus application in the
immigration context. Generally speaking, given that the order will
compel the officer to process the application in question within a given
time frame, the practical effect of the order is obvious.
In the Exercise of Discretion there is No Equitable Bar to the Relief Sought.
Under this prong of the test, the Court is looking to determine if
the applicant has been responsible for the delay and/or has compromised
their cause in any other way. The applicant must come to the Court “with
clean hands”, in order to satisfy the Court that there is no equitable
bar to an order of mandamus. This however does not mean an applicant as
in the case at bar with a criminal history cannot seek relief. To the
contrary an applicant with a criminal history that has sought relief on
the basis of section 24 of the IRPA for example has a right to have that
application decided in a reasonable period of time.
Balance of Convenience
Mandamus requires the
Applicant to show that the balance of convenience favours the Applicant.
This last prong of the test is closely related to the “clean hands”
question discussed above. This issue relates to the prejudice that the
applicant suffers as a result of the delay. Mandamus remains a very
powerful option for applicants.
If you have any questions about your case please contact us to discuss what may be involved in seeking a mandamus remedy.
Lijing was very knowledgeable and answered all of my questions in great detail. I highly recommend Bellissimo for immigration issues!
Maria Hermansky
sandy Lou
Thank you Belissimo Law Group for helping my husband and I navigate through his PR application. It’s difficult to know who to trust, especially with matters as sensitive and complex as immigration but I am so happy that I made the choice and chose BLG. They not only have an incredible comprehension of immigration law but also a great deal of compassion and consideration for their clients. I truly enjoyed working with them and I feel grateful that there are people out there working hard to make a positive impact on someone else’s life like they did with mine. Thank you again BLG, I would recommend your services to anyone in the same or similar situations!
On a side note, for people out there who are thinking about hiring an immigration consultant, please talk to a law firm first. Some consultants charge the same or more for their services without needing to have a good comprehension of immigration laws.
Cutie Pie
I highly recommend Bellissimo Law Group for their exceptional expertise and dedication to immigration law. Their team demonstrates a deep understanding of complex legal matters and provides thorough, personalized guidance throughout the entire process. They are professional, responsive, and committed to achieving the best possible outcomes for their clients. Especially, thanks to Lijing and Shuai for assisting us on our case to achieve great outcome.
any modifications!
Mayank Topiwala
Exceptional Legal Support from Bellissimo Law Group – Highly Recommended!
It has been a pleasure working with Bellissimo Law Group. During the challenging times of COVID, I was searching for a trusted lawyer to handle my case but had difficulty finding the right support. That changed when I reached out to Bellissimo Law Group.
From the very beginning, they understood my case and provided expert guidance. My first application involved LMIA, work permits, and extensions, all of which they handled with professionalism and efficiency. With their support, I was able to navigate multiple legal processes successfully, ultimately obtaining my permanent residency in Canada.
Despite delays caused by longer processing times during COVID, the team remained supportive throughout. A special mention to Ms. Lijing Cao and her associates, who managed my applications from start to finish and played a crucial role in securing my permanent status.
I highly recommend Bellissimo Law Group to anyone seeking reliable, professional, and dedicated legal assistance!
Divya K
I cannot express enough gratitude for the incredible support and expertise provided by Mr Mario and Keely for my dad’s medical inadmissibility case. I retained their law firm after receiving the PFL . From the very beginning, they guided us through the complexities of the immigration process with professionalism, care, and honesty. They not only helped us navigate legal challenges but also provided advice that quite literally saved my dad’s life. They prepared a strong mitigation plan for my dad’s case that worked in our favour. I was particularly impressed by their quick response time and willingness to address any concerns promptly. What sets them apart is their genuine compassion and dedication—they truly care about their clients and go above and beyond to make a difference. I would definitely recommend them to anyone with their immigration issues especially for medical inadmissibility.
dhananjay bhatt
We would like to thank all the people at Bellissimo Law group for their hardwork and help with our PR file. Mario is professional and the best in providing legal advise. Special mention to Keely who was working on our file since day 1 and went out of the way to ensure we get our permanent residency. She was empathetic and never missed a single thing in our case. We would recommend this firm to all people who want legal professional advise.
Nancy Quick
I contacted Bellissimo Immigration Law Group after researching the best options for my move to Canada. The firm was highly recommended and my experience with them confirms that they earned their excellent reputation.
The team at Bellissimo was thorough and professional. My questions were answered promptly, and they processed my application for a Certificate of Canadian Citizenship resulting in receipt of my certificate much sooner than expected.
During my career in Finance and Administration I had very high standards for those providing services to the companies I worked with. Special recognition to Amanda D'Angelo and Hannah Cho. They exceeded my expectations!
I have recommended Bellissimo to friends - and I will be working with them again as my family explores immigration options.
Abeer Malik
Initial consultation was very good. I will retain them for my immigration matter.
Adair Donohue-Miller
Immigration law is so complex. I got all my questions answered, and then even more helpful information than expected regarding other suitable options for our situation. The call was quick but thorough. It covered all necessary steps, and I finished the call with clarity and peace of mind knowing we had fantastic options available to us. It's hard to put a price tag on peace of mind!
