Application for Leave and for Judicial review (Citizenship)
TYPICAL APPLICATION FOR LEAVE AND FOR JUDICIAL REVIEW – Section 22.1 of the Citizenship Act and Federal Courts Citizenship, Immigration and Refugee Protection Rules
Who | Does what | Rule and Form | When |
---|---|---|---|
Applicant |
Serves/Files Application for leave and for judicial review |
Rule 5 Rule 7(1) Rule 6 (if extension of time required) Form IR-1 |
Within 30 days after notification of decision |
Applicant |
Files Proof of service |
Rule 7(2) |
Within 10 days after service of Application |
Respondent |
Serves/Files Notice of Appearance |
Rule 8(1) Form IR-2 |
Within 10 days after service of Application |
Registry |
Sends request to Tribunal for written reasons (if none provided to applicant) |
Rule 9(1) Form IR-3 |
After filing of Application |
Tribunal |
Provides reasons to Parties and Registry OR Gives notice that no reasons exist |
Rule 9(2)
|
Without delay |
Applicant |
Serves/Files Applicant’s Record |
Rule 10 |
If reasons were received, within 30 days after filing of Application OR Within 30 days of receiving the reasons or the notice that no reasons exist |
Respondent |
Serves/Files Affidavits and Memorandum of Argument |
Rule 11 |
Within 30 days after service of Applicant's Record |
Applicant |
Serves/Files Reply Memorandum (if any) |
Rule 13 |
Within 10 days after service of the Respondent’s Memorandum of Argument. |
Leave application considered by the Court |
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If leave is refused, decision cannot be appealed. |
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If leave is granted, the Court sets a date for hearing of the application for judicial review / provides timelines for production of the tribunal record and filing by parties of any additional documents. |
IMPORTANT: All documents other than the Application for Leave and for Judicial Review must be filed with proof of service.
Date modified: 2019-10-01