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.
Our special thanks to Ms Keely Anderson and Ms Alexandra Goncharova for their efforts and due diligence in pulling together a compelling submission in support of my husband’s rehabilitation application due to criminal inadmissibility. This was a complex case, refused once because of incompleteness and lack of transparency then put on hold for 2 years due to the covid pandemic. We subsequently reapplied with BLG upon the advice that they were the best. It was a long journey and they don’t come cheap but the result speaks for itself. We were invited to meet with the Reviewing Officer in IRCC London who said the application was so well documented that no questions remained and we were granted approval then and there. It’s been a 5-year journey but the freedom one feels to be able to travel back and forth with my husband to Canada cannot be underestimated. We are now free to apply for my husband’s permanent residency for which we will always be grateful to BLG for making it possible. Thank you.
Charles Andoscia
I was immigrating from the United States to Canada. Whole process went very smooth. Viola Gniadek provided me with very clear Instructions and was there any time I had a question to help me through the process. She deserves more than 5 stars! I would recommend this firm to anyone interested in immigrating.
Arman Hamzehlou Kahrizi
My wife and I worked with Bellissimo Law Group on a very complex spousal sponsorship application. Our relationship started long-distance and lasted three years before we got married, without having met in person. This raised several red flags in the immigration process. From the beginning, we knew we were facing a difficult case that needed serious legal guidance. After doing thorough research, Bellissimo stood out for their experience with complicated immigration cases, and they lived up to that reputation.
Our consultant and main point of contact was Viola Gniadek. She was professional, honest, and very precise. She responded to our concerns whenever something about the case worried us and was always flexible with us in terms of availability. I remember it was during a weekend and she was still double-checking and completing our forms as we had a submission deadline on Monday. You will be lucky to have her handle your case. The firm took time to understand the complexity of our case and worked closely with us over several months to prepare over 300 pages of documentation. What I appreciated most was how careful they were with every word submitted. In immigration law, even one unnecessary detail can be used against you, and Bellissimo knew how to manage that risk with skill and strategy.
With their guidance, we submitted a Temporary Resident Visa (TRV) application, even though they had warned us clearly that, due to the circumstances and the country involved, there was a high chance of refusal. But they also had a plan in place from the start to appeal it if that happened. The TRV was refused, as expected, but we followed through on the appeal. IRCC later offered us a settlement, and our application was reopened. We were given a second chance, and even without much new documentation, the TRV was approved within 15 days of reopening. That moment changed everything.
Thanks to that approval, my wife and I have been together in Canada since March 20. Her spousal sponsorship application was finalized and approved shortly after, but had we not pursued and won the TRV appeal, we would likely still be separated due to delays with passport stamping and processing. That TRV win was a turning point not just legally, but personally.
Later, we were invited for a spousal sponsorship interview, which showed that the officer remained skeptical of our case. Bellissimo helped us prepare thoroughly for the interview, which was a separate legal process with additional fees. But the preparation paid off. After seeing how our TRV refusal had been overturned and how well our case had been built, it would have been very difficult for an officer to justify a refusal at that point. It was clear to them that we were not only committed but had the legal backing to defend ourselves through every stage of the system.
One important thing I want to stress is that just because you can apply on your own does not mean you always should. I have seen people succeed without a lawyer, and I have seen many people fail and remain stuck in the system for years due to refusals or misrepresentation. Legal support is expensive, yes, but you need to consider what is truly at stake. Your future, your time, your peace of mind, and your chance to be with the person you love, these are far more valuable than saving a bit of money upfront.
Also, do not assume that a cheaper option means better value. It might cost less, but if they do not understand the complexity of your case or submit something careless, it could cost you far more in the long run. This is your life. Do not cheap out.
If your case is complicated like ours, Bellissimo Law Group is absolutely worth it. They do not make empty promises. They know exactly what they are doing. I am deeply grateful for their work and recommend them without hesitation. Thank you, Mr. Bellissimo and the entire team.
soul traore
I recently had the pleasure of working with Bellissimo Law Group to resolve a misrepresentation issue on my permanent residency application, and I cannot recommend them highly enough. From the very beginning, their team was incredibly responsive and attentive, making sure I was informed and comfortable with every step of the process.
Their expertise and dedication were evident throughout my case. They meticulously reviewed all the details, provided clear and professional advice, and guided me through the complex legal landscape with ease. Their support was unwavering, and they always made themselves available to answer any questions or concerns I had.
Thanks to Bellissimo Law Group, my permanent residency application was successfully resolved, and I am now a proud resident of Canada. If you are looking for a law firm that truly cares about their clients and delivers outstanding results, look no further than Bellissimo Law Group.
M. Pidlaoan
I highly recommended Bellissimo Law Group for both legal and the process of application for immigration. The team handled my 2 cases brilliantly. They are very knowledgeable and the work and service are outstanding and very professionally done. Viola Gniadek, Christopher Colette and Punya Bagga handled my first case for my nephews and Michelle Boeriu on the second case for my brother. These two cases have been approved. Thank you with all my heart for the job well done. I really appreciate your valuable work and services. I would like to express my deepest gratitude to the team and Belllissimo Law Group.
Arwen Zemborain
I scheduled a consultation with Bellissimo Immigration Law Group and was incredibly pleased with how helpful they were. Not one, but two lawyers were on the call to advise me, and they took the time to look into all possible immigration options for me and my family. I had done a lot of research prior to speaking with them, but that consultation made me realize how difficult the process would be without a law firm that keeps up with the frequent policy changes. They offered invaluable advice and I will definitely hire them to create my profile when I have everything together.
Brad Greiner
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.
