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
Application for Leave and for Judicial Review (Citizenship)
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

If leave is refused, decision cannot be appealed.

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.

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