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Canadian Immigration Help & Counsel

I Do Not Know What Else to Do

Q. I have been waiting several years for the processing of my immigration application. I have provided everything they have asked for and sometimes even twice because the first one expired. I am really worried as I have not heard anything from Immigration for over two years. I tried to contact CIC but all I could get is that my application is still in process. How can I speak to someone? It is really frustrating.

A. As a result of the increased processing times in all types of citizenship, refugee and immigration applications many people find themselves in a similar situation. The first step is to access the file and determine what if any reason there is for a delay. It is also important to ensure that you (the applicant) have not been the cause or part cause in the delay. Is there a remedy if the delay is unreasonable? The answer is yes. If the delay is unreasonable the applicant can request the application be processed within a certain time period failing which legal action will be taken. The legal action is an application for mandamus (to compel a government official to make a decision) at the Federal Court of Canada. Delay without reasonable cause and a valid explanation will not be acceptable to the Courts and they will order the file be processed within a set time. The remedy is a good one and often just filing a mandamus application will create movement on the file. So yes in some cases the squeaky wheel does get the oil. So explore your options and make sure your file does not sit there if it does not have to – good luck!


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