A write 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.
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. Maple Law Corporation 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 a knowledgeable 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.
Mandamus Application
A write 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.
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. Maple Law Corporation 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 a knowledgeable 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.