A Two Year Delay Will not Necessarily Result in an Order Mandamus

In Sencio Hechavarria v. Canada (Public Safety and Emergency Preparedness), 2010 FC 767, the applicant, a Cuban citizen, made an application for an inadmissibility resulting from his service in the Ministry of the Revolution Armed Forces.  After 15 months without a decision, he went to court to seek an order mandamus compelling the Minister to make a decision on his application.

Justice Boivin, however, found that a two year delay was not unreasonable given the complexities and deference required in s. 34(2) exemption applications.

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