By |Categories: Canada, Individual Case, Judicial Review|

Background and Challenges

Andy, a 22-year-old aspiring student, faced significant challenges when his study permit application for Canada was caught in pending. After being unconditionally accepted in early January 2024 into the Master of Science in Data Science program at TRU (starting in September), he promptly submitted his study permit application at the end of the same month. However, for over six months, there were no meaningful updates from IRCC, despite two follow-up inquiries through Webform submissions. With only two months left before his program began, Andy found himself increasingly anxious about the possibility of deferring his enrollment.

Initial Case Assessment and Strategic Approach

When Andy approached us for assistance, we conducted a comprehensive review of his situation within a day. The findings revealed a strong foundation for a Mandamus application:

  • Background and Profile: Andy’s young age, simple background without any complicating factors, and the alignment between his undergraduate studies and his chosen master’s program provided a solid academic and personal basis for his application.

  • Academic Merit: His undergraduate achievements and IELTS scores met the requirements for his unconditional offer at TRU, showing no areas of concern in eligibility or qualifications.

  • Well-Prepared Study Plan: Andy’s study plan included clear, logical reasons for pursuing a master’s degree in Canada, alongside detailed post-graduation plans. These points helped reinforce the credibility of his application.

Recognizing the urgency of the situation, we meticulously drafted and completed his Mandamus application within 24 hours. The form mainly highlighted the unreasonable nature of the delay, provided a comprehensive timeline of Andy’s efforts to obtain updates, and expressed legitimate concerns over the impact of the delay on his education and future.

Process and Execution

The day after filing the Mandamus application, we received the litigation fee payment request from the Federal Court and promptly submitted the C$50 fee. On the fourth day, a case number was assigned, officially initiating the Mandamus process. Within a week, we received the Notice of Response, confirming the court had accepted the appeal and would proceed with the case. This was followed just six days later by the Notice of Appearance, signaling IRCC’s intent to respond to Andy’s application for leave.

Outcome

Approximately one month after initiating the Mandamus process, and just as Andy was preparing to request a deferral from TRU, a breakthrough occurred. On August 20, 2024, he received the Original Passport Request (OPR) notification, indicating that his study permit had been approved. Andy acted swiftly, completing the visa stamping process within a week. This allowed him to travel to Canada in time to join his program’s September intake without any disruptions.

Final Thoughts

This case demonstrates how precise legal intervention can overcome bureaucratic delays while maintaining full compliance with immigration procedures. While Mandamus is powerful, its success depends on meticulous preparation and timing. For students facing similar delays, early expert intervention makes all the difference.

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