Immigration and Refugee Protection Act (S.C. 2001, c. 27)

Marginal note:Right of Minister

73. The Minister may make an application for leave to commence an application for judicial review with respect to any decision of the Refugee Appeal Division, whether or not the Minister took part in the proceedings before the Refugee Protection Division or Refugee Appeal Division.

Marginal note:Judicial review

74. Judicial review is subject to the following provisions:

• (a) the judge who grants leave shall fix the day and place for the hearing of the application;

• (b) the hearing shall be no sooner than 30 days and no later than 90 days after leave was granted, unless the parties agree to an earlier day;

• (c) the judge shall dispose of the application without delay and in a summary way; and

• (d) an appeal to the Federal Court of Appeal may be made only if, in rendering judgment, the judge certifies that a serious question of general importance is involved and states the question.

Marginal note:Rules

• 75. (1) Subject to the approval of the Governor in Council, the Chief Justice of the Federal Court may make rules governing the practice and procedure in relation to applications for leave to commence an application for judicial review, for judicial review and for appeals. The rules are binding despite any rule or practice that would otherwise apply.

• Marginal note:Inconsistencies

  (2) In the event of an inconsistency between this Division and any provision of the Federal Court Act, this Division prevails to the extent of the inconsistency.

Marginal note:Definitions

76. The definitions in this section apply in this Division.

“information”

« renseignements »

“information” means security or criminal intelligence information and information that is obtained in confidence from a source in Canada, from the government of a foreign state, from an international organization of states or from an institution of either of them.

“judge”

« juge »

“judge” means the Associate Chief Justice of the Federal Court or a judge of the Trial Division of that Court designated by the Associate Chief Justice.

Marginal note:Referral of certificate

• 77. (1) The Minister and the Solicitor General of Canada shall sign a certificate stating that a permanent resident or a foreign national is inadmissible on grounds of security, violating human or international rights, serious criminality or organized criminality and refer it to the Federal Court — Trial Division, which shall make a determination under section 80.

• Marginal note:Effect of referral

  (2) When the certificate is referred, a proceeding under this Act respecting the person named in the certificate, other than an application under subsection 112(1), may not be commenced and, if commenced, must be adjourned, until the judge makes the determination.