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. At Ayodele Law, we represent individuals and families experiencing long, unexplained delays in their applications
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.
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.
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 |
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.
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.
Have a question? Contact us below.
Frequently asked questions (FAQ) Writ of Mandamus
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A Writ of Mandamus is a Federal Court application that asks a judge to order IRCC (Immigration, Refugees and Citizenship Canada) to make a decision on your case after an unreasonable delay. It doesn’t force approval — only that IRCC act within a reasonable time.
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You can file when your IRCC application is delayed far beyond normal processing times and you’ve already completed all required steps (biometrics, medicals, interviews, etc.).
If months or years have passed without progress or communication, you may qualify. -
Most Writ of Mandamus cases are resolved within 3 to 6 months.
Often, IRCC acts soon after receiving notice of the application — so many cases are resolved before reaching a court hearing. -
No. Filing a Writ of Mandamus does not harm or delay your application.
It simply holds IRCC accountable to process your file within a reasonable time, ensuring fairness and compliance with Canadian law. -
Costs vary depending on the complexity of your case, but Ayodele Law offers transparent, fixed-fee pricing whenever possible.
Book a consultation to receive a personalized quote and timeline for your situation.