Writ of mandamus

25POSTS

2 years ago

Hello everyone , hope all of you guys would be doing great , as you know about our case in the court , previously I share some development related to our case , and I got very encouraging and accurate response from you guys , which I really appreciate , today I'm sharing some more developments wich happened in our writ of mandamus ,on 26th of june 2024 a security granted to me in part and order the embassy to show reason for the denial of my visa applications , and notify both parties to respond to it with in 15 days for us and 30 for the dependent , my lawyer responded the next day and also ask the court for intervention , but there's nothing submitted by the embassy during that period of 30 days , than on 26th of July the court than issue a notice again to the embassy to respond and take part in the process with in 10 days , I ask my attorney if the embassy submitted anything substantial in this whole process , and he said that there's nothing the embassy submitted in this whole process of 9 months since we file this writ , please explain this situation to me if anyone of you guys had experienced such scenario ,

Thank you

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ibdegen Active member

72POSTS

2 years ago

Sorry about your troubles. I am unaware of anything you have previously written on the subject. Which court (country) and which embassy (country)?

Waseem Khan61 Active member

25POSTS

2 years ago

@ibdegen I'm sorry for not mentioning the country there in my post , I'm from Pakistan and my wife is Brazilian , I file a writ of mandamus in Brazil against the Brazilian embassy in Pakistan for denying my visa applications

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Nomad Mundo Contributor

118POSTS

2 years ago

@Waseem Khan61

As a law student here, I may advise you that even if the Brazilian judicial system ruled in your favor, the embassy has execution immunity. Diplomats benefit from privileged immunity while being deployed in the foreign countries. They have exclusive immunity from legal prosecution and have extensive civil rights, unless the matter is unrelated to their official duties, such as a private business. The most extensive, the law of consular non-reviewability is commonly understood to entail that a consular officer's decision to reject a visa is not subject to judicial review and scrutiny of the underlying justifications for such refusal.

The Brazilian system is entirely consumed in complex hierarchy and protocol obligations, so even simple decisions take years to be prioritized. However, I can assure you that they may only postpone or delay your visa processing; they cannot retaliate or refuse it yet again, because you and your wife have the right to civil union/marriage as a family unit and granted protection under Articles 1.723 to 1.727 of the Brazilian civil code.