why choose us
10+ Years of Litigation Experience
High success rate/Complex cases
India Office/Barrister presence
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Are You Tired of Unreasonable Canadian Immigration Delays?
What You Need to Do for a Writ of Mandamus for Canadian Immigration
1. Assess the Situation:
- Document the Delay or Demands for a Decision: Gather all relevant documents
and correspondence related to your immigration application, including proof of submission, any emails or WebForms sent to IRCC, and evidence of delays. - Determine Grounds for Mandamus: Identify if there has been unreasonable delay or if an immigration authority has failed to act on your application as required by law.
- Check the published processing times on IRCC website: The processing times published on the IRCC website are only suggestive in nature, because they are an average of most complete applications. If you have a complex case or previous refusals this can cause further delays.
2. File the Writ of Mandamus:
- Submit a Legal Notice to IRCC: Often the first stage of initiating a writ of mandamus against IRCC is retaining an Immigration Lawyer (Barrister) and serving a legal notice to IRCC presenting your intention to initiate legal proceedings with or without costs and setting a 15/30 days deadline for IRCC to act upon.
- Prepare the Application: Draft the writ of mandamus, which is an Application for leave and judicial review to the Federal Court of Canada to compel IRCC authorities to take action or make a decision.
3. Submit the Written Arguments:
- File the written arguments with the Federal Court of Canada, including all supporting documents and evidence.
4. Prepare for Oral hearing in Federal Court:
- Attend the Hearing: Present your case before a judge, demonstrating that IRCC has failed to fulfill their legal obligations or has acted in an unreasonable manner.
5. Follow Up:
- Comply with Court Orders: If the court issues a mandate, ensure compliance and follow any additional instructions provided by the court.
Why You Need a Canadian Immigration Lawyer (Barrister) in Federal Court?
A Canadian Immigration Lawyer (Barrister) can be indispensable in the process of obtaining a writ of mandamus for several key reasons:
1. Expert Legal Guidance:
- Strategic Advice: An Immigration Lawyer (Barrister) can offer expert advice on whether a writ of mandamus is the best course of action based on your specific situation.
- Preparation and Filing: They will ensure that your writ is meticulously prepared and filed correctly, adhering to all legal requirements and deadlines.
2. Legal Expertise:
- Drafting Precision: With an Immigration Lawyer (Barrister)’s help, your application will be drafted with the necessary legal precision, clearly outlining how the immigration authorities have failed to act as required by law.
- Effective Argumentation: They will craft compelling legal arguments to persuade the court of the merits of your case.
3. Representation in Court:
- Professional Advocacy: An Immigration Lawyer (Barrister) can represent you in court, effectively presenting your case and responding to any challenges or questions raised by the judge.
- Navigating Court Procedures: They are skilled in handling court procedures, ensuring that your case progresses smoothly and efficiently.
4. Increased Chances of Success:
- Legal Savvy: With their experience and understanding of immigration law and court practices, an Immigration Lawyer (Barrister) significantly enhances the likelihood of a favorable outcome.
- Handling Complexities: They are adept at managing complex legal issues and procedural requirements, increasing the chances of a successful writ.
Navigating the Canadian immigration system can be challenging, especially if you’re facing undue delays and have exhausted all remedies like raising WebForms, calling IRCC helpline and contacting your local Member Parliament’s office. A writ of mandamus offers a legal remedy to compel immigration authorities to act. However, this process requires precise legal expertise and effective court representation.
Why You Need Us:
- Expertise and Precision: Mr. Fateh specializes in immigration law and are well-versed in the nuances of filing a writ of mandamus. We’ll ensure your application is meticulously prepared and stands a strong chance of success.
- Strategic Advocacy: We provide strategic advice tailored to your situation and represent you in Federal Court, advocating for your rights and compelling the authorities to fulfill their obligations.
- Enhanced Success Rates: With our deep understanding of legal procedures and court practices, we enhance your chances of a favorable outcome, minimizing the stress and complexity of the process.
Trust our experienced team to guide you through this intricate process and fight for your immigration rights effectively. Let us handle the legal intricacies while you focus on your future in Canada.
See our videos regarding the Writ of Mandamus at the Federal Court of Canada, where we proudly share the voices of those who have experienced firsthand the dedication and expertise of our law firm. In these videos, you’ll hear directly about our clients about their journey with us, highlighting our services and the positive outcomes we’ve achieved together.
All videos are with Client’s consent and for information only. Please book a paid consultation for legal advice.
why choose us
10+ Years of Litigation Experience
Hight success rate/Complex Cases
India Office/Barrister Presence
Let's win together
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