[49]
I therefore find that Mr. Liang is entitled to an order of mandamus. With respect to the 670 other pre-C50 applicants, the Court has no evidence before it with respect to the factors unique to each particular application which may account for the delay. Part or all of the delay may be attributable to the conduct of the applicant or a third party over whom the government had no control. Thus, each case must be determined on a case-by-case basis, and with the exception of Mr. Liang, I make no finding save that in respect of the remaining pre-C50 applicants, a prima facie case of delay has been established and the Ministerial Instructions, in light of section 120 of the Budget Implementation Act, 2008, above, do not constitute a satisfactory justification for that delay.
