Application for Leave and for Judicial review (Immigration)
TYPICAL STEPS IN AN APPLICATION FOR LEAVE AND FOR JUDICIAL REVIEW – under section 72 of the Immigration and Refugee Protection Act, and the Federal Courts Citizenship, Immigration and Refugee Protection Rules
Application for Leave and for Judicial review (Immigration) PDF version
Who | Does what | Rule and Form | When |
---|---|---|---|
Applicant |
Serves/Files Application for Leave and for Judicial Review |
Rule 5 Rule 6 (if extension of time required) Rule 7(1) Form IR-1 |
Within 15 days if in Canada OR 60 days if outside Canada from date of notification of decision |
Applicant |
Files Proof of service |
Rule 7(2) |
Within 10 days after service of Application for Leave |
Respondent |
Serves/Files Notice of Appearance |
Rule 8(1) Form IR-2 |
Within 10 days following service of Application for Leave |
Registry |
Sends request to Tribunal for written reasons (if none provided to applicant) |
Rule 9(1) Form IR-3 |
After filing of Application for Leave |
Tribunal |
Transmits 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 for Leave 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: 2021-12-06