fbpx
Specialists in Immigration Litigation & Inadmissability
20 Eglinton Ave. West, Toronto ON
Mon-Fri 9:00 - 6:00
Call 416-787-6505 Toll Free 1-877-787-8850

Mandamus

We have helped hundreds of applicants and their families when their cases and their lives were seemingly stalled for years awaiting a decision on a permanent or temporary visa application. The solution was Mandamus.

A writ 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.

Mandamus is a judicial remedy which is in the form of an order from a superior court to any government, subordinate court, corporation or public authority to do or forbear from doing some specific act which that body is obliged under law to do or refrain from doing, as the case may be, and which is in the nature of public duty and in certain cases of a statutory duty. It cannot be issued to compel an authority to do something against statutory provision.

The applicant pleading for a writ of mandamus to be enforced must demonstrate that s/he has a legal right to compel the respondent to do or refrain from doing the specific act. The duty sought to be enforced must have two qualities:

  1. It must be a duty of public nature; and
  2. The duty must be imperative and should not be discretionary.

For the court to issue a writ a mandamus, a number of conditions must be satisfied.

  1. There must be a public legal duty to act.
  2. The duty must be owed to the applicant.
  3. There is a clear right to the performance of that duty, in particular:
  4. The applicant has satisfied all conditions precedent giving rise to the duty;
  5. There was:
    1. a prior demand for performance of the duty; (ii) a reasonable time to comply with the demand unless refused outright; and
    2. a subsequent refusal which can be either expressed or implied, e.g. unreasonable delay.
  6. No other adequate remedy is available to the applicant.
  7. The order sought will be of some practical value or effect.
  8. The Court in the exercise of discretion finds no equitable bar to the relief sought.
  9. On a “balance of convenience” an order in the nature of mandamus should issue.

When contemplating whether to commence a mandamus application, counsel should make reference to the processing times listed on the CIC website.  Unreasonable delay can only be determined in comparison to average processing times. In submissions, counsel should focus on the normal processing times and how much the processing time in question has exceeded the average, what the applicant has done to ensure that his/her application is complete and well documented, and reasons why the applicant feels that the officer’s explanation for the delay is unsatisfactory.

In this respect, the Courts in most cases have refused to accept departmental backlogs, or staff shortages as reasonable explanations, nor do they tend to look to the system as a whole. Rather, each case is assessed on its own facts. The question often arises as to whether a background or security check constitutes a justifiable explanation for the delay. As with the other prongs of the test, this is a determination which can only be made with reference to the specific facts of the case. Counsel must tailor the arguments to the facts of the case at hand, with particular attention paid to what the applicant has been doing to move his case along, and what the respondent has failed to do to perform their duty.

No Other Adequate Remedy is Available to the Applicant

In the immigration context, this prong of the test is easily satisfied – an officer is the only person in a position to grant the remedy that the applicant is requesting – namely, the issuance of a visa or other immigration document.

The Order Sought will be of Some Practical Value or Effect

Again, this is rarely an issue in a mandamus application in the immigration context. Generally speaking, given that the order will compel the officer to process the application in question within a given time frame, the practical effect of the order is obvious.

In the Exercise of Discretion there is No Equitable Bar to the Relief Sought.

Under this prong of the test, the Court is looking to determine if the applicant has been responsible for the delay and/or has compromised their cause in any other way. The applicant must come to the Court “with clean hands”, in order to satisfy the Court that there is no equitable bar to an order of mandamus. This however does not mean an applicant as in the case at bar with a criminal history cannot seek relief. To the contrary an applicant with a criminal history that has sought relief on the basis of section 24 of the IRPA for example has a right to have that application decided in a reasonable period of time.

Balance of Convenience

Mandamus requires the Applicant to show that the balance of convenience favours the Applicant. This last prong of the test is closely related to the “clean hands” question discussed above. This issue relates to the prejudice that the applicant suffers as a result of the delay.  Mandamus remains a very powerful option for applicants.

If you have any questions about your case please contact us to discuss what may be involved in seeking a mandamus remedy.

Contact Us


What Our Clients Are Saying
Bellissimo Law has been the greatest help we could have asked for our journey. Our case needed an appeal which was very well organized, documented and presented to the authorities. We received a positive decision on the case all because of the expertise of Mr. Bellissimo and team. Keely and John are great at responding all smart and stupid questions and the team is very prompt to answer emails. They have the entire process streamlined, right from extension to evidences which makes our job easier. We got the quotes from some of the other law firms too who are all good and had lower charges. We chose Bellisimo because they are the best and in the long term a few extra bucks won't matter but the results will. Highly recommended.
Vaibhav Chaturvedi
Vaibhav Chaturvedi
16:51 06 May 19
Our immigration process was handled by Bellissimo Law Group. The first consultation with Mr Bellissimo was very insightful. Ms Keely Anderson was particularly very helpful. She guided us through the process. I will definitely recommend this law firm. They know what they are doing. Thanks once again for guiding us through the process.
Dare Sokoya
Dare Sokoya
19:27 28 Mar 19
I greatly recommend Bellissimo Law Group. After a long time waiting, I will finally be reunited with my son here in Canada. We are very grateful for all the great, very professional services that they have done for my case. My personal thanks to Kelly Anderson and her group. More power to all of you!
michele medalla
michele medalla
23:36 04 Mar 19
I wish I’d found Bellissimo Law 9 years ago before taking the advice of a so called Immigration Consultant who led our family to a very costly near disaster in our quest to immigrate to join our family in Canada. Years later, in desperation, at a Procedural Fairness Letter stage internet research seemed to suggest Bellissimo Law may be the company to deal with our problem. From the first consultation with Bellissimo Law their extremely thorough, very focused telephone interview personified professionalism and reassurance. All subsequent dealings with any member of the team were of the same high standard. It was clear to us that Mario Bellissimo leads from the front and that his staff not only respect him but that they are trained to match his standards and caring approach. I believe it is very important to mention that although they seem expensive, when our particular problem resolved more quickly and easily than anticipated they refunded the money which had not yet been used. Thanks particularly to Keely, our lead person, and to all at Bellissimo. I will always, highly recommend Bellissimo Law. Keep up the good work. In less than 6 months all our worries are over. We are now permanent residents.
Patricia Forsythe
Patricia Forsythe
23:33 22 Mar 19
Very professional and very informative on the phone. Good to see that it is not all about money and more about relationship building. Highly recommended. Thank you!
Atabak Amirabrahimi
Atabak Amirabrahimi
17:19 16 Apr 19
Great service and successfully guided us through the immigration and citizenship processes. Terrific attention to detail, and created a terrific case for our application, which was successfully approved. Attached is a picture with the judge. A wonderful day. So proud to be a Canadian!
Carlos Berber
Carlos Berber
15:45 26 May 19
Bellísimo law group made a dream a reality. They help me throughout the entire process of becoming a Canadian permanent resident. Great service. I will definitely use their services again in the future. Highly recommended
Jose Rendon
Jose Rendon
01:01 29 May 19
We had a fantastic experience with Bellissimo Law Group. From Mr. Bellissimo to the entire staff, in particular Viola Gniadek, were professional, diligent, knowledgeable and available at all times. We thank the entire group for a successful resolution for my friend Catherine. I would highly recommend the firm for any and all of your immigration needs. Thank you all for a job well done!
Liliana Pelech
Liliana Pelech
14:53 01 Jun 19
I sponsored my parents in 2007 and I was refused in 2013 based on medical inadmissibility of my mentally challenged brother. I found Late Mr. Rotenberg as my original lawyer who passed away during the process. I was very disappointed as I was counting on his expertise to help me with my situation. Mr. Bellissimo was God send for me to help me with my case. I am very thankful that he took on my case. His team member Ms. Tamara Thomas worked with me and advised me with regards to the documents that I needed to obtain, they did extensive research on eligibility criteria of various social and health systems. They worked with me on the interview preparation. The time spend working with them was very targeted and very specific to address the Minister's concerns. They ensured there was no further waste in time or any delays. The way they presented my case and helped me win it only a world class Law firm can do that as there were times I was going to lose my hopes. I would totally recommend this law firm to anyone who is going through similar situation as mine with both hands down. Mr. Bellissimo and the team (Ms. Tamara Thomas) you guys are amazing and thank you so much again for reuniting me with my family in my beautiful dream country Canada.
Irshad Khan
Irshad Khan
17:46 04 Jun 19
They’re very professional and the advice was given 100% accurate. The lawyer Justin Toh didn’t rush at all. He took the time to answer all our questions in details. I’m very happy with their service.
Shah Alam
Shah Alam
21:15 09 Jul 19
Great service! I had a lot of questions prepared and Viola answered each and every one of them articulately and concisely. I definitely recommend Bellissimo!
RYAN COWLEY
RYAN COWLEY
17:39 30 Jul 19
Hands down i would never done it by myself if it wasn't for Mr. Mario and Ms. Anderson hard work, I was facing deportation and they helped me step by step to get through it to be honest I am very forgetful person and Ms. Anderson always keep me on track and follow up with me making sure i get things done and send to her and they always keep me updated on everything, I am no longer facing such difficulties and i can stay in Canada. i would recommend Bellissiomo Law Group to all friends and Family. thank you again.
Omid Rezaee
Omid Rezaee
16:00 12 Aug 19
Bellissimo Law has been the greatest help we could have asked for our journey. Our case needed an appeal which was very well organized, documented and presented to the authorities. We received a positive decision on the case all because of the expertise of Mr. Bellissimo and team. Keely and John are great at responding all smart and stupid questions and the team is very prompt to answer emails. They have the entire process streamlined, right from extension to evidences which makes our job easier. We got the quotes from some of the other law firms too who are all good and had lower charges. We chose Bellisimo because they are the best and in the long term a few extra bucks won't matter but the results will. Highly recommended.
Vaibhav Chaturvedi
Vaibhav Chaturvedi
16:51 06 May 19
Bellissimo Law Group did a wonderful job. They helped me and my family obtain work permits in Canada. They were responsive, professional, and got the job done in a timely manner with no issues. I would absolutely work with them in the future.
Eric Blomster
Eric Blomster
11:58 30 Aug 19
Bellissimo Law Firm has great lawyers who have handled our immigration case. The staff was very professional. We are very happy with their service.We had to go through a tough ordeal because of misrepresentation earlier and our file was rejected. That is when we assigned this case to Mario Bellissimo. I would happily refer his law firm to any one whose in the same situation as ours or any immigration related matter.I would like to mention a special thanks to Tamara who was in touch with us and kept as posted. Mario had 100% confidence in our case that we will win which was very assuring for me and my family. And we finally got our permanent residency.God bless him and his firm.
mubina fatima
mubina fatima
18:35 15 Sep 19
Our family could not thank you Bellissimo Law Group enough for all their help on my brother's case. We are very thankful for their professionalism, effort and hard work. We truly appreciate for everything that the team has done for us. Especially Keely, I cannot thank her more for her patience, advice and explanation throughout the whole process. I know that this has been a tough and long battle for all of us and finally it is a dream come true. Words cannot describe how thankful and happy we are. To us, thank you is not enough to express our appreciation, I would call them the lifesaver for our family. Once again, thank you and we wish everyone all a continue success.
April Cheng
April Cheng
07:05 24 Sep 19
Great communication and appointment setup. Mr. Bellissimo was quite frank and candid and spoke openly and candidly. Gave me the right advice to wait till a certain stage to file my case.
Imran Butt
Imran Butt
01:53 01 Oct 19
I really appreciate Bellissimo Law group for helping me out especially in obtaining my postgraduate work permit. I was in an unfortunate situation where there was a chance of my application being rejected but I was able to obtain it in the end. I especially thank Michelle for helping me out throughout this whole process. It was not easy but she was able to respond to my questions and answer them in a very informative and prompt manner. I definitely recommend Bellissimo Law group.
JH C
JH C
20:23 17 Oct 19
I am indebted to Ms. Viola Gniadek, Mr. Mario Bellissimo and the entire team at Bellissimo Law Group for having assisted me with my Spouse’s Open Work Permit & Children’s Study Permits that were denied unfairly and arbitrarily -Twice consecutively - earlier this year. Viola assisted me in putting together my family’s file from scratch, over a period of 2 months. This would be my third attempt, and my first time with the law firm. There were times I had bouts of anxiety given the air of uncertainty and hopelessness but Viola was always there to calm my nerves and was very quick in her email responses. The firm knows what they’re doing and they do it very, very well!Absolutely recommended and I will not hesitate in using their services again in future, should there be a need 🙂
Nabil Valiulla
Nabil Valiulla
21:58 17 Oct 19