Hi all Does anyone know if a writ of mandamus is a real option when dealing with the immigration system and CSIS?
What would be involved and if anyone knows costs and chances of success?
thanks,
I like how you think. I found this:
http://boards.immigration.com/showthread...772&page=3
unfortunately, it appears to be a writ filed against the USCIS (US Immigration) Is this where you got the idea?
The big problem with this writ is that you have to be able to prove that the government is not doing its duty and more than likely will not fulfill its role. I'd like a piece of this pie if you decide to bake it.
guelph Wrote:Hi all Does anyone know if a writ of mandamus is a real option when dealing with the immigration system and CSIS?
What would be involved and if anyone knows costs and chances of success?
thanks,
As per Canadian context, the federal court will not approve your writ of mandamus (WOM) easily unless a certain time has elapsed. A litigator from the Department of Justice vs Yours will take it before the judge. In general a judge will not grant a WOM easily unless some 1-2 years have passed since this security screening has started. It has to be well documented that everything from medical to regulatory duties that you can perform (without the fault of CIC) is upto dated and it is completely CIC's fault in delaying the whole affair. A generous 1-2 years delay by CSIS-CIC is warranted since the judge wants to give CIC benefits of doubt assuming security concerns overrides everything on the way. Now after 1-2 years if this CSIS saga is on going then the judge might intervene asking the CIC to pursue with the CSIS ASAP in a certain period of time (generally 60-90 days) to complete this process. DOJ lawyer will upheld the notion of security over and over again and ask the judge to refuse the WOM due to matter of security. In this context the judge does not have the privy to intelligence report or whatever that CSIS is pursuing, and only relies on unclassified intel. which throws the judgment of the judge in similar context alike an applicant: GUESS GAME. The purpose of WOM is also not to enforce a decision on the Service or CIC but rather to stop this infinite long wait which aggrevates everyone. The documents and cases upon search with federal court of Canada indicates what I have described earlier or how pragmatically WOM holds a chance. Since CSIS missed on interview opportunity with your spouse then that is something better on your side or gives you one more strong voice to argue for WOM (indicating their lackluster attitude). You can consult with a lawyer if WOM holds a chance but I doubt it following all case files that it will be granted easily unless some good 1-2 years have elapsed since the day entire security screening has begun or case has been referred to CSIS. I know one more genuine place for some sane resolution for an applicant but comes after long stupidity!
I posted this link elsewhere, but it's an interesting topic and worth referencing here too:
http://decisions.fct-cf.gc.ca/en/2001/im...74-00.html
In that case, the plaintiff was successful in getting a WOM against CIC following a never-ending delay by CSIS. However, almost 5 years had passed since CIC began processing the PR application. I think Yu is, if anything, optimistic that a WOM could be possible after only 1-2 years.
Matthew
Yes it does not seem to be a way out. I feel like a cockroach with one leg in a pair of pincers struggling any way to get free.
matthewc Wrote:In that case, the plaintiff was successful in getting a WOM against CIC following a never-ending delay by CSIS. However, almost 5 years had passed since CIC began processing the PR application. I think Yu is, if anything, optimistic that a WOM could be possible after only 1-2 years.
Matthew
I agree with you it is generally more than 2 years or as in this example 5 that WOM has been granted. I referred to another case where after 2 years some months worth waiting in limbo with CSIS a WOM was allowed (I will google it later and post the link). I guess we all can agree to the consensus WOM comes after long long wait since the judge has to give benefits of doubt to concerns of CIC-CSIS.
I tired it after waiting 3 years for my security clearance (a total of 4 years after I applied for immigration). Right after I hired a lawyer and filed a mandamus application, CIC started to work on my file and they issues my immigration visa a few months before the court date.
I agree with the earlier reply at least 3-4 years should have passed since you applied before you can file a mandamus application.
See my full story at
http://www.immigration.ca/forum/forum_po...s-mandamus
Thanks that's quite interesting, although terrible that you had to go through all of that.
Matthew
Note: the linked case was a skilled worker case, not a family class case. Timeline for family class cases is significantly shorter, and there are more compelling equities, so to the extent that extraordinary relief may be available, it is probably available much sooner in the family class scenario than the skilled worker class.
This really is need a lawyer territory for all but the-most-well-informed-and, -frankly, -not-so-wise (as any lawyer knows, or should know, even the best lawyer representing herself, or himself, has a fool for a client).
Further caveat: this is, truly, extraordinary relief. "Not easily" obtained is very much an understatement. However, it appears that if the application for the writ is well-done and documented, that in itself may be sufficient incentive to get the process moving again.
yu thank you sooo much for sharing your experience with us here , i am in almost similar circumstances as u have explained above but my only concern right now is to hire a lawyer , i am in Toronto right now just if you can give me a good reference of any lawyer ,,,who ever i have called are demanding like 7000 to 8000$ to make the writ of mandamus . i have waited for about 7 years for any response from immigration ....:(