A writ of mandamus is a legal order issued by the Federal Court of Canada that compels Immigration, Refugees and Citizenship Canada (IRCC) to make a decision on an immigration application that has been unreasonably delayed. It does not ensure a specific result—only that IRCC must act. This legal remedy is often used when applicants face silence or inactivity from IRCC long beyond standard processing times.

When is it Used?

The writ of mandamus is considered when a file is stuck in administrative delay for an extended period. Common situations include long waits for:
– Permanent residence decisions
– Work or study permits
– Visitor visa outcomes
– Humanitarian and Compassionate (H&C) applications

The delay must be clearly unreasonable, and there should be no explanation from IRCC justifying it.

What Does the Court Consider?

The Federal Court evaluates whether:
– IRCC has a legal duty to decide your application
– The duty applies specifically to your case
– You have completed all required steps and provided requested information
– You have made good-faith efforts to obtain a response
– The delay is longer than reasonable based on IRCC’s guidelines
– There is no effective alternative remedy

If these conditions are met, the court may issue the writ.

What the Writ Does—and Doesn’t Do

The writ compels IRCC to make a decision, but does not:
– Guarantee a positive outcome
– Override IRCC’s authority
– Apply to files that are under valid review or investigation

It is a mechanism to restore timely action and accountability.

How Hermes Immigration Services Can Help

We help individuals who are experiencing unreasonable delays by:
– Reviewing case history and ATIP notes
– Drafting a professional follow-up or demand letter
– Coordinating with experienced immigration lawyers
– Preparing documents to support a Federal Court writ of mandamus application

If your file has stalled and you’ve exhausted regular communication channels, Hermes Immigration Services is ready to assist.