Mandamus is the final solution for all applicants who have been awaiting a decision on their temporary or permanent visa applications for years.
What is Mandamus?
The word ‘Mandamus’ in Latin is a writ in common law which orders a government officer or a lower court to perform their ministerial responsibilities and duties correctly. The Superior Court issues a Mandamus, which is a judicial remedy ordering a specific corporation, public authority or government to do certain statutory duties and acts which they are obliged to do as per law.
How is a Mandamus issued?
An applicant can apply for a writ of Mandamus and its enforcement only if they are able to exhibit that they have a legal right to compel the respondent to do or refrain from doing certain acts. These acts must have specific traits such as:
- The act must be a duty for the public
- The act needs to be mandatory and not optional
The court requires many conditions to be fulfilled before it issues a writ of Mandamus such as:
- The act must be a legal and public act
- The act should be a duty towards the applicant of the writ
- A clear right must exist for the duty to be performed
- All conditions before arising of the duty must be satisfied by the applicant
- The duty to be performed must have a prior demand and a reasonable time should be given to comply with the demand before refusal
- An unreasonable delay must exist subsequently, which is either implied or expressed
- The applicant should have no other options or remedies to resolve the situation
- The order sought must have some practical value
- The court must not find an equitable bar to the remedy as sought in the application