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The Federal Court dismissed a motion to add supplementary reply evidence, expedite a leave application, and order mandamus in a pending PR processing judicial review.
The appeal is dismissed: the Commissioner's non-response and the OISP internal review were not reviewable matters under s.18.1 because they did not affect the appellant's legal rights, impose legal obligations, or cause prejudicial effects; subsection 5(1) of the RCMP Act and common law police duties do not create a positive legal duty to the appellant enforceable by mandamus; mandamus was therefore not available.
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The Federal Court granted mandamus after a 52-month delay in processing a family permanent residence application, ordering IRCC to act within 90 days.
The Federal Court granted mandamus in a judicial review of a delayed permanent resident application, ordering IRCC to decide the file within 90 days.
The Federal Court granted mandamus, finding a more than four-year delay in deciding a permanent residence application unreasonable and ordering a decision within 90 days.
The Federal Court dismissed a mandamus application seeking to compel a decision on a spousal sponsorship, holding that unresolved admissibility before the Immigration Division barred relief.
The Federal Court found part of a mandamus application moot after an eleventh-hour fairness letter, but kept jurisdiction and ordered monthly status reports.
The Federal Court granted mandamus for an overdue permanent residence application, finding IRCC’s nearly 68-month delay unreasonable and awarding $1,000 costs.
The appeal was dismissed because the appellants failed to establish entitlement to mandamus and the Court of Appeal agreed with the Superior Court's analysis that mandamus was not appropriate in the circumstances.
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The Federal Court was entitled to issue mandamus because the Minister's finding of a risk of a future "criminal organization offence" was unsupported by evidence, removing the only factor against transfer so that the only lawful exercise of discretion was to grant transfer; further, exceptional circumstances (closed mind, lip service to prior reasons and unacceptable delay causing harm) justified mandamus rather than remittal; the Federal Court's mandatory order was therefore lawful and should be enforced, subject to a timing variation to require transfer forthwith or in March 2013 or as soon…
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