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Options when an eligibility review has been stuck for nearly a year: is legal action (mandamus) worth it?

Canada • Express Entry • immigration 0 views
By VisaBuddies Communityvia community — compiled from public visa forums

Documents Needed

  • Legal consultation records (if pursuing mandamus)

    Consult an immigration lawyer to assess whether a mandamus application is appropriate for your specific delay.

Step-by-Step

An applicant whose AOR was from March 2020, with medical and criminality checks passed but eligibility still 'in progress' after almost a year, asked whether anyone had hired a lawyer to take their case to court over the delay.

What the group shared:
  1. Long waits are common, and patience is often the only option. One respondent noted that submitting multiple webforms to inquire about status can sometimes actually add to processing delays rather than help.

  2. Legal action (commonly a mandamus application) is a real option some applicants have pursued. Several who did reportedly won their case, and in rare instances applicants received compensation.


Practical takeaway:
  • Repeatedly submitting webforms or inquiries isn't necessarily helpful and may add delay — use them sparingly and only when there's a genuine update to report or a milestone has clearly passed.

  • If a delay becomes extreme (many months to years beyond normal processing), consulting an immigration lawyer about a mandamus application (a court order compelling a decision) is a legitimate avenue some applicants have used successfully.

  • This is a significant step — get a proper legal consultation before pursuing it, as outcomes and appropriateness vary by case.

Dos, Don'ts & Tips

  • Tip: Submitting multiple webforms to inquire about a delayed application can sometimes add to processing time rather than help.
  • Do: For extreme, prolonged delays, consult an immigration lawyer about a mandamus application — some applicants have successfully used this to compel a decision.

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