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)
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

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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