ADMINISTRATIVE LAW |
Judicial Review |
Mandamus |
Latrache v. Canada (Minister of Citizenship and Immigration)
IMM-1073-00
Lemieux J.
31/1/01
7 pp.
Applicant, citizen of Algeria, sought writ of mandamus enjoining respondent to rule on his application for landing filed on July 12, 1996 after favourable decision of Refugee Division on February 2, 1996 granting him refugee status--In Khalil v. Canada (Secretary of State), [1999] 4 F.C. 661, Linden J.A. restated necessary conditions for granting writ of mandamus--Applicant not seeking mandamus for granting of his permanent residence status, as applicant did in Khalil--Asking that respondent make decision--Calculation for purpose of determining reasonableness of delay should begin from date when application for permanent residence filed by applicant, notwithstanding his conviction in 1997--Delay incurred in processing applicant's application for landing unreasonable herein--Court especially concerned about CSIS's inactivity for two years and lack of any explanation to Court in this regard--Writ of mandamus targeted remedy for purpose of guaranteeing that public authority does its duty--Application allowed.