Eight Weeks and Counting:


8 Weeks

While 8 Weeks is enough for optimum health, it isn’t enough for the court to make a decision.

It’s been quite a while since I posted anything on this blog. It isn’t because I haven’t been busy – I know I’m spending more time in various online forums reading and answering a broad range of immigration questions and constantly marveling at the inane and dehumanizing nature of the process.

No, I haven’t been posting anything because I’ve been both busy working and patiently waiting, thinking that I would be seeing a decision – on pretty much anything – at some point soon.

As of today it has now been eight weeks since the Registry first forwarded my file to the Court for disposition.  The Court rules say that the handling will be in a timely fashion but they never bother to define what that means precisely.  Certainly, at some point it will reach a stage at which it is ridiculous – is that six months or a year?  Presumably, at that point a separate filing (to the Appeals Court?) for a Writ of Mandamus would be a potential option, but I’m certainly not expecting it will take that time.  I read an interesting case yesterday of someone who has been waiting since 2006 for completion of the processing of their family class (spousal) sponsored permanent resident application.  That person even had a letter from CIC saying “Therefore, it appears that this application is proceeding normally with no unexpected or unwarranted delays“.  It reminded me that Mandamus is always an option, provided that one can reasonably argue it’s been “too long”.  Two months, while annoying, isn’t quite in that camp.

I suspect, but cannot confirm, that the issue is there’s real substance to the arguments, which means the case cannot be summarily dismissed.  In addition, the Court rules state that if a decision to grant review is made, the hearing date must be between 30 and 90 days from the date review is granted (at which time a scheduling Order is entered).  Thus, to issue a positive determination, they must have a courtroom and a judge.

At any rate, it’s more of the same: hurry up and wait.  Eight weeks might be enough to get to Optimal Health, but it isn’t enough to get to a Court decision.  Not yet at any rate.

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