CITIZENSHIP AND IMMIGRATION |
Immigration Practice |
Kalachnikov v. Canada (Minister of Citizenship and Immigration)
IMM-3797-02
2003 FCT 777, Snider J.
26/6/03
10 pp.
Judicial review directing respondent Minister to process application for permanent residence and issue final decision within 60 days of Court's order--As of date of hearing, almost three years have elapsed since application documentation completed in July 2000--Issue whether mandamus justified having regard to excessive delay-- Application allowed, although on different terms than proposed by applicant--Public legal duty to act: Immigration Act, s. 9(2) placing duty on respondent to assess applicant's application for permanent residence--Duty owed to applicant --Applicant has satisfied all conditions precedent giving rise to duty--Clear right of performance herein--Applicant had made at least 15 requests for information regarding status of application--Respondent has been given reasonable amount of time to comply with demand for performance of his duty, to complete background checks, process application--Delay unreasonable--Unsatisfactory justification for having taken nearly three years to process application for permanent residence--No other remedy available to applicant--Balance of convenience lying with applicant--Respondent allowed further 6 months to process application, rather than 60 days requested by applicant; respondent may make application to Court for extension of time beyond 6 months to process application, with adequate justification.