Writ of Mandamus Canada Lawyer - IRCC
When your immigration or citizenship application has been stuck in processing for months—or even years—without a decision, you may be able to take legal action to prompt movement. Many clients come to us after searching for a writ of mandamus lawyer near them, looking for timely legal action when IRCC delays have become unreasonable.
What is a Writ of Mandamus?
A Writ of Mandamus is a court order that compels a government department—such as Immigration, Refugees and Citizenship Canada (IRCC)—to perform a duty it is legally required to carry out.
It does not force IRCC to approve your application, but rather to make a decision within a reasonable time.
This remedy is often used when:
IRCC has acknowledged your application but taken no further action, or
you’ve made multiple attempts to follow up, and no progress has been made despite normal processing times being exceeded.
What Immigration Applications Can a Writ of Mandamus Be Used For?
A writ of mandamus may be available for many types of Canadian immigration and citizenship applications where IRCC has failed to make a decision within a reasonable time. This includes, but is not limited to:
Permanent residence applications (Express Entry, PNP, family sponsorship, H&C)
Citizenship applications delayed after the test or interview
PR card renewals and Permanent Resident Travel Documents (PRTDs)
Family sponsorship applications stalled at eligibility or background stages
Whether a mandamus application is appropriate depends on the type of application, processing history, and length of delay, not simply the category itself.
When Can You Apply for a Writ of Mandamus? (step-by-step guide).
You may be eligible to apply if:
| When You May Qualify for a Writ of Mandamus |
|---|
| ✔Your immigration or citizenship application has been in process far longer than IRCC’s standard timelines. |
| ✔IRCC has requested additional documents or acknowledged receipt but not acted for months. |
| ✔You have fulfilled all your obligations (biometrics, medicals, interviews, etc.). |
| ✔You have followed up repeatedly through web forms, MPs, or other inquiries without resolution. |
| ✔The delay is unreasonable and causing significant hardship (e.g., inability to work, travel, or reunite with family). |
If these circumstances apply, the Federal Court may agree that IRCC has a legal duty to finalize your case and issue a decision.
Do I Need a Writ of Mandamus Lawyer Near Me?
You are not required to hire a lawyer located in your city to bring a writ of mandamus, but many applicants prefer working with a mandamus lawyer near them who understands both immigration law and Federal Court procedures.
Mandamus applications are filed in the Federal Court of Canada, and hearings are often conducted virtually. At Ayodele Law, our Toronto-based immigration lawyers represent clients locally and across Canada in mandamus proceedings against IRCC. Whether you are searching for a writ of mandamus lawyer near you or need national Federal Court representation, proximity should never limit access to experienced legal advocacy.
What is the Mandamus test?
The Federal Court uses an eight-part legal test (known as the Apotex test) to determine whether a Writ of Mandamus should be granted. The key principles include:
There is a public legal duty to act.
The applicant has a right to performance of that duty.
There has been an unreasonable delay in performing the duty.
No other adequate remedy is available.
The applicant has fulfilled all conditions required for IRCC to act.
The delay is not the applicant’s fault.
The Federal Court has jurisdiction to intervene.
The order would have practical utility—meaning it would make a real difference to the applicant.
What is an example of a Mandamus test?
| Example Situations for a Writ of Mandamus |
|---|
| Permanent residence applications pending for over two years without an update |
| Citizenship applications delayed after the test or interview has been completed |
| PR card renewals or visa extensions with no movement despite complete submissions |
| Family sponsorships stuck at background check or eligibility review stages |
| Humanitarian & Compassionate applications pending beyond normal timelines |
Why Does IRCC Take So Long to Process Some Applications?
IRCC delays are not always explained to applicants, but common causes include prolonged security screening, background verifications involving third-party agencies, file transfers between offices, or administrative backlog.
In some cases, applications remain inactive for extended periods with no clear justification. A writ of mandamus may be appropriate when there is prolonged inactivity without explanation, and no reasonable justification for continued delay.
What happens after Filing a Mandamus Application?
Notice of Application: Ayodele Law files your application in the Federal Court.
Service on the Department of Justice: The government receives notice and must respond.
Negotiation or Resolution: In many cases, IRCC acts on the file once the court process begins.
Hearing (if necessary): If no action is taken, a Federal Court judge can order IRCC to make a decision within a specific timeframe.
Many Mandamus cases are resolved before reaching a hearing, simply because filing demonstrates to IRCC that the delay is no longer acceptable.
When a Writ of Mandamus May Not Be Appropriate
A writ of mandamus is an exceptional remedy and is not intended to bypass normal processing or “jump the queue.” If IRCC is actively processing your file, has recently requested documents, or the delay is still within a reasonable range, the Federal Court may decline to intervene.
For this reason, not every delay qualifies. A careful legal assessment is essential before proceeding, and in some cases, waiting longer or taking alternative steps may be more effective than litigation.
Why Hire Ayodele Law for a Writ of Mandamus?
At Ayodele Law, we understand how frustrating and stressful it can be to wait indefinitely for a decision.
Our team:
- Reviews your file to determine if the delay meets the Federal Court’s threshold
- Drafts clear, persuasive submissions supported by legal precedent
- Engages IRCC and the Department of Justice to resolve the matter efficiently
- Provides transparent timelines and updates throughout the process
We help you take meaningful action when waiting is no longer an option.
Frequently Asked Questions
When immigration or citizenship applications are delayed far beyond normal processing times, the writ of mandamus can be a powerful legal tool to compel action. Below are answers to some of the most common questions we receive about mandamus applications against Immigration, Refugees and Citizenship Canada (IRCC), including eligibility, timelines, and what to expect when taking a matter to Federal Court.
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You are not required to hire a lawyer located in your city, but writ of mandamus applications must be filed in the Federal Court of Canada, which has strict procedural and legal requirements. Working with an experienced writ of mandamus lawyer near you—or one who represents clients nationally—can significantly improve your chances of success.
At Ayodele Law, we represent clients in Toronto and across Canada in mandamus applications against IRCC, appearing before the Federal Court as required. -
There is no fixed timeline that automatically qualifies as unreasonable. The Federal Court looks at factors such as:
how long your application has been pending compared to IRCC’s published processing times,
whether there has been prolonged inactivity,
whether you have completed all required steps, and
whether IRCC has provided a valid explanation for the delay.
A delay that may be reasonable in one case can be unreasonable in another, which is why mandamus applications are assessed case by case.
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No. A writ of mandamus does not guarantee approval. It asks the Federal Court to order IRCC to make a decision, not to decide the outcome in your favour. The purpose of mandamus is to end unreasonable delay and ensure IRCC performs its legal duty.
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Not always. Many mandamus cases resolve before a hearing, often after IRCC or the Department of Justice receives notice of the Federal Court application. In these situations, IRCC may resume processing or issue a decision, making a court appearance unnecessary.
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No. Filing a writ of mandamus does not negatively affect your application. It is a lawful remedy designed to address delay, not to punish applicants. The Federal Court recognizes mandamus as an appropriate tool when IRCC has failed to act within a reasonable time.
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While timelines vary, many mandamus matters are resolved within 3 to 6 months. Some cases move faster if IRCC acts early, while others may take longer if court proceedings are required.
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No. A writ of mandamus is considered an exceptional remedy, not a way to jump the queue. In some cases, waiting longer or taking alternative steps may be more appropriate. At Ayodele Law, we assess whether your delay meets the Federal Court’s legal threshold before recommending mandamus.
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You are not required to hire a lawyer physically located in Toronto to file a writ of mandamus, but working with an experienced Toronto writ of mandamus lawyer can be highly beneficial. Mandamus applications are filed in the Federal Court of Canada and involve strict procedural rules, legal tests, and negotiations with the Department of Justice.
At Ayodele Law, our Toronto-based immigration lawyers regularly represent clients in mandamus applications against IRCC, both locally and across Canada. Whether you are located in Toronto, the GTA, or elsewhere in Ontario, we provide strategic Federal Court representation focused on ending unreasonable processing delays and protecting your immigration status.
From Our ClientsTracy has a wealth of experience in immigration law, and her deep understanding of the process was evident throughout my case. The team at Ayodele Law treated me with respect and kindness, making me feel more than just another case file. Thanks to Tracy, I Had a Successful Outcome
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