Canada asks court to dismiss hundreds of immigration lawsuits: Citing "unauthorized representation" as the reason.
According to "The Star," the Canadian government has asked the Federal Court to reject more than 430 Mandamus applications filed simultaneously, in which applicants requested the court's intervention because they claimed their applications for study permits, work permits, and visitor visas were being processed unreasonably slowly by IRCC.
However, according to the Canadian Department of Immigration and Justice, the issue is not the processing time, but the fact that these applications appear to have been mass-produced by "unauthorized/ghost agents."
The irregularities pointed out by the government:
- The 430 mandamuses share the same structure, style, and expression, almost identical to each other.
- Many applicants claim to be acting on their own behalf, but instead:
- Share a home address
- Shared phone number
- Shared contact email
- All the documents request the court:
- Consider the IRCC's slow processing.
- IRCC is obligated to expedite processing if it is deemed unreasonably slow.
According to Canadian law, before the Federal Court:
- The applicant may only act in self-representation.
- Or it must be represented by a licensed lawyer.
- RCIC immigration consultants are also not authorized to represent clients in mandamus proceedings before the Federal Court .
What is the government's argument?
The government believes that:
- There is one The individual or group behind drafting all the lawsuits.
- The applicants were dishonest with the court when they declared "self-represented".
- Therefore, the court has the right to dismiss the entire case due to procedural violations, without considering the right or wrong of the delay.
What did the lawyer say?
Some immigration lawyers argue that:
- There are cases where the visa wait is genuinely too long, and there are legitimate grounds to apply for a mandamus.
- But when the entire case file is prepared in a standardized format, the court has the right to reject it due to signs of fraud or unauthorized representation.
🔎 What is the Mandamus?
A mandamus is a special legal measure in which the applicant asks the Federal Court to order a state agency (in this case, the IRCC) to fulfill its obligation, usually to make a decision on a case that has been delayed for too long.
When can I apply for Mandamus?
Mandamus can only be considered when:
- The application took significantly longer than the usual processing time.
- The delay was not justified.
- The applicant proactively contacted IRCC, but did not receive a clear response.
- There were no elements of fraud, unauthorized representation, or procedural violations.
Even if the above conditions are met, Mandamus remains an exceptional measure, and the court has the full right to accept or reject it.
📌 Do you need a lawyer to represent you legally in the Mandamus proceedings?
In cases where the applicant does not represent themselves and wishes to have a legally qualified lawyer file the Mandamus petition before the Federal Court of Canada, choosing a support agency that understands the legal boundaries between IRCC, the court, and the capacity of representation is crucial.
KeyApply facilitates direct connection and collaboration with licensed lawyers, ensuring:
- Proper jurisdiction to represent before the Federal Court
- Mandamus applications are thoroughly assessed for eligibility and legal risk.
- Avoid serious errors related to unauthorized representation or false declarations.
👉 If you are considering Mandamus and need legal representation, you can contact KeyApply for a thorough review of your case before making a decision.
