At the Law Office of Matthew Jeffery, we specialize in all immigration appeal matters, including Mandamus Appeals. Mandamus is Latin for “we command” and it is one of the common law prerogative writs. A writ of mandamus may be issued by the superior courts to compel government officers or lower courts to perform mandatory or purely ministerial duties as enshrined in law.
An example of where you can do a mandamus appeal is if the immigration authority is delaying the processing of your immigration application for no good reason. Our office can help you to bring a mandamus appeal to the Federal Court, asking the court to order the immigration authority to fast-track the processing of the application.
Under Canadian law, an applicant can plead with a superior court to enforce a mandamus writ. Applicants have the responsibility of convincing the court that they have right to compel the immigration authorities to do specific acts. It is, therefore, important that you be represented by an experienced lawyer who understands the law, court procedures, and immigration department procedures.
The conditions necessary to demonstrate that a writ of mandamus should be issued include the following:
- The immigration authority has a public legal duty to act.
- The immigration authority owes the duty to you.
- You have fulfilled all the precedent conditions (such as fulfilling the eligibility criteria and filing all the relevant paperwork).
- There has been an undue delay in the processing of the application.
- You made a prior demand that the immigration authorities complete the process.
- Reasonable time has passed within which the authority should have complied unless it has refused outright to comply.
- Your rights will be clearly infringed if the immigration authority does not act.
Convincing the court to issue an order of mandamus is a complex matter that requires the assistance of an experienced lawyer.
At the Law Office of Matthew Jeffery, we have the experience needed to assist you to obtain this legal remedy.
Please contact us for further information.