Introduction

So, your citizenship application has finally been approved, a moment you’ve been waiting for years. If, like me, you had to file a mandamus application before the Federal Court to push Immigration, Refugees and Citizenship Canada (IRCC) to act, you may now be wondering what to do with that pending court case.

The answer is simple: you need to file a Notice of Discontinuance. In this post, I’ll walk you through the entire process. I’ve done it myself, and I’ll also provide downloadable templates you can use and edit directly.

Introduction

The federal court require that any document served to federal court, must be first served to the other party. That’s means, when you fill a document and want to submit it to Federal Court, you must first send a copy to the respondent (DOJ) and create an affidavit of service (a sworn document that proves the respondent was properly served), then you submit the document and the affidavit of service to the Federal Count.

This article walks you through that entire process: how to serve your documents correctly, how to draft your Affidavit of Service, and how to submit everything to the Federal Court, step by step.

Introduction

In this article, I’ll walk you through how to request an extension of time when you’re unable to meet a Federal Court deadline during your judicial review process.

I’m assuming you’re already familiar with the basics of judicial review. If not, I highly recommend reading my post: “Understanding the Judicial Framework” — it explains the structure and deadlines involved in mandamus and judicial review applications in detail^[1].

I highly recommend contacting your local Federal Court by phone to ask how to request an extension. They can guide you on the best approach based on your specific situation. Once you have that information, this guide will help you prepare and file your motion in accordance with the Federal Court Rules.

Before initiating the mandamus process, it’s important to understand that Federal Court procedures—including mandamus applications—are strictly governed by the Federal Courts Rules. These rules outline the structure, format, and strict deadlines for every step of the judicial review process. Compliance is mandatory. A simple mistake in timing, form, or service could lead to delays or dismissal of the case.

Let’s take a step back and look at the full path your mandamus application will follow. The Federal Court has published a helpful procedural roadmap for judicial review applications related to citizenship—which also applies in mandamus situations when IRCC fails to act.

One of the legal remedies available when facing prolonged silence from Immigration, Refugees and Citizenship Canada (IRCC) is mandamus. This is a court order issued by the Federal Court that compels a government authority—like IRCC—to perform a legal duty it has failed or refused to carry out. In immigration cases, mandamus is commonly used when IRCC does not make a decision on an application (such as for citizenship, permanent residence, or a visa) within a reasonable timeframe, despite all required documents being submitted.

Introduction

If you’re stuck in immigration limbo with IRCC and your application seems forgotten for months, or even years, you might have heard about something called a mandamus. It’s a powerful legal remedy that can compel IRCC to act when they’ve taken too long to make a decision.

I went through this exact situation myself. After exhausting all my other options, I filed a mandamus application in Federal Court to get my citizenship application moving. This post breaks down every step I took, starting from the early warning signs, all the way to filing and responding in court, so you can understand how the process works and decide whether it’s right for you.

If you’re wondering whether a mandamus is too “legal” or intimidating, don’t worry. I wrote this guide specifically for people who don’t have legal backgrounds. You’ll find explanations, downloadable templates, and practical advice based on my own journey.