Stewart Sharma Harsanyi Immigration Law Firm Blog

Discussion on the Parent and Grandparent sponsorship process 2022

Immigration news and developments happen with increasing regularity. I was out of country when the family class/parents and grandparents program was set to re-open. The following is a (mostly) Punjabi language interview/discussion: 2022 10 12 redfm interview family class Stewart Sharma Harsanyi Immigration Lawyers · 2022 10 12 Redfm Interview Family Class Read more →

Updated: Demand Letters and Mandamus Compelling Action on your Immigration File

Mandamus is a legal remedy that compels a public authority, such as the Canada Border Services Agency or IRCC, to perform a public legal duty. It is a traditional remedy in administrative law and is used to control procedural delays. To use mandamus, there must be a public legal duty to act, the duty must be owed to the applicant, the applicant must have a clear right to the performance of that duty, and there must be no other adequate remedy available. The remedy of mandamus serves as an oversight mechanism by the Federal Court on federal tribunals and decision makers. The excessive delay in decision-making is determined by a multi-part test, including the length of the delay, the reasons for the delay, and the impact of the delay on the applicant. I have written and spoken about the remedy of mandamus before; I will be doing so again at the CBA Alberta-North Immigration Section on October 27, 2022. What is mandamus? In essence, the Federal Court has the power to compel IRCC, or Canada Border Services Agency to do something that they should be doing. More formally, mandamus is an equitable remedy that serves to compel a public authority... Read more →