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Delayed processing times, Writ of Mandamus and other approaches, 2023-24

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Category:

Title of Program: Delayed processing times, Writ of Mandamus and other approaches, 2023-24

****  Video Only****

Seminar ID:    DPT – 0923   September 21, 2023

( 3 Hours, Approved By CICC)

Format:    Video Only

 

Language:    English

Provider:       Immigration Learning & Information Centre, IMLIN

Webinar Date:                           September 21, 2023

Webinar Time:                          Starts @ 2:00pm – Ends @ 5:15pm ET

Expiry Date for Video ONLY:   September 21, 2024   

Introduction:
There are many reasons why the government might take longer than usual. One of them might be because of the high number of applications they are attempting to handle. Unfortunately, if an important key in the application is forgotten, it can be returned in full. In other cases, where information is provided incorrectly, IRCC may request applicant to resend a corrected version of the document or provide additional information. Either of these cases will cause a delay in the application as the immigration officer will need these errors amended before the application can continue.

In the event of an undue processing delay, and as a last resort, one can request an Order of Mandamus from Federal Court to compel the IRCC to decide the case. Before doing so though, the applicant must exhaust all other options of following up with IRCC after the expected processing time has passed.

Presenter: Ali Esnaashari – Immigration Lawyer

Ali Esnaashari is an immigration litigation lawyer and recently started his own law firm, Esna Law. Previously, Ali practiced as a litigation lawyer at Mamann, Sandaluk & Kingwell LLP for over four years. Ali represents clients before the various Divisions of the Immigration and Refugee Board as well as the Federal Court, with a particular focus on matters involving inadmissibility issues. He has participated as a speaker at various immigration law conferences, and he also teaches the course Immigration and Refugee Board at the Humber College’s immigration consultant program. 

AGENDA:

Delayed Processing times 

–  Overview

Statistics: What streams are experiencing delays, and how bad is the delay?   

–  Temporary Resident Visas

–  Permanent Residency Applications

–  Other applications

–  General trends

A potential cause for delay, and when does it become “excessive”? 

–  Identify potential issues early on

–  “Processing times” at the time of application

–  Locating and interpreting processing time 

 

AGENDA 

Excessive delay, your options  

–  Access to Information Request-  Litigation

–  Mainstream channels: WebForm, email, etc.

–  Escalating the issue: MP and program manager

Writ of Mandamus  

–  The “Writ of Mandamus”, explained

–  The process and timeline

–  What you can expect!

–  Notable decisions

Closing remarks 

–  Questions and Answers

–  Conclusion & closing comments

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