Federal Courts Citizenship, Immigration and Refugee Protection Rules (SOR/93-22)

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Federal Courts Citizenship, Immigration and Refugee Protection Rules

SOR/93-22

IMMIGRATION AND REFUGEE PROTECTION ACT

Registration 1993-01-25

Federal Courts Citizenship, Immigration and Refugee Protection Rules

P.C. 1993-68 1993-01-25

His Excellency the Governor General in Council, on the recommendation of the Minister of Employment and Immigration, pursuant to subsection 84(1)Footnote * of the Immigration Act, is pleased hereby to approve the annexed Rules of the Federal Court of Canada Respecting the Practice and Procedure for Applications for Leave, Applications for Judicial Review and Appeals under the Immigration Act, made by the Chief Justice of the Federal Court of Canada on January 7, 1993.

The Chief Justice of the Federal Court of Canada, pursuant to subsection 84(1)Footnote * of the Immigration Act, and subject to the approval of the Governor in Council, hereby makes the annexed Rules of the Federal Court of Canada Respecting the Practice and Procedure for Applications for Leave, Applications for Judicial Review and Appeals under the Immigration Act.

Ottawa, January 7, 1993

JULIUS A. ISAAC

Chief Justice of the Federal Court of Canada

 [Repealed, SOR/2002-232, s. 2]

Interpretation

 The following definitions apply in these Rules.

Act

Act[Repealed, SOR/2015-20, s. 2]

appeal

appeal means an appeal referred to in paragraph 22.2(d) of the Citizenship Act or paragraph 74(d) of the Immigration and Refugee Protection Act. (appel)

application for judicial review

application for judicial review means an application referred to in section 22.2 of the Citizenship Act or section 74 of the Immigration and Refugee and Protection Act. (demande de contrôle judiciare)

application for leave

application for leave means an application referred to in section 22.1 of the Citizenship Act or section 72 of the Immigration and Refugee and Protection Act. (demande d’autorisation)

Court

Court means, as the circumstances require,

  • (a) the Federal Court of Appeal, including, in respect of a motion, a single judge of that court; or

  • (b) the Federal Court, including a prothonotary acting within his or her jurisdiction. (Cour)

Registry

Registry means a registry within the meaning of the Federal Courts Act. (greffe)

tribunal

tribunal means a person or body who has disposed of a matter, referred to in subsection 22.1(1) of the Citizenship Act or subsection 72(1) of the Immigration and Refugee and Protection Act, that is the subject of an application for leave or an application for judicial review. (tribunal administratif)

written reasons

written reasons includes a transcript of reasons given orally. (motifs écrits)

  • SOR/98-235, s. 1;
  • SOR/2002-232, s. 3;
  • SOR/2005-339, s. 2;
  • SOR/2015-20, s. 2.

Application

 These Rules apply to the following applications and appeals under the Citizenship Act and the Immigration and Refugee Protection Act:

  • (a) applications for leave;

  • (b) applications for judicial review; and

  • (c) appeals to the Federal Court of Appeal from judgments of the Federal Court.

  • SOR/2015-20, s. 3.
  • SOR/98-235, s. 2;
  • SOR/2002-232, s. 4;
  • SOR/2005-339, s. 3;
  • SOR/2007-301, s. 13;
  • SOR/2015-20, s. 4.

Form of Application for Leave

[SOR/2002-232, s. 15]
  •  (1) An application for leave shall be in accordance with Form IR-1 as set out in the schedule and shall set out

    • (a) the full names of the parties;

    • (b) the date and the details of the matter — the decision, determination or order made, measure taken or question raised — in respect of which relief is sought and the date on which the applicant was notified of or otherwise became aware of the matter;

    • (c) the name of the tribunal and, if the tribunal was composed of more than one person, the name of each person who was on the tribunal;

    • (d) the tribunal’s file number, if any;

    • (e) the precise relief to be sought on the application for judicial review;

    • (f) the grounds on which the relief is sought, including a reference to any statutory provision or Rule to be relied on;

    • (g) the proposed place and language of the hearing of the application for judicial review;

    • (h) whether or not the applicant has received the written reasons of the tribunal; and

    • (i) the signature, name, address and telephone number of the individual solicitor filing the application for leave, or where the applicant acts in person, his or her signature, name, address for service in Canada, and telephone number.

  • (2) Unless he or she is the applicant, the respondent to an application for leave is

    • (a) in the case of a matter under the Citizenship Act, the Minister of Citizenship and Immigration; and

    • (b) in the case of a matter under the Immigration and Refugee Protection Act, each Minister who is responsible for the administration of that Act in respect of the matter for which leave is sought.

  • SOR/98-235, ss. 7(F), 8(F);
  • SOR/2002-232, ss. 5, 15;
  • SOR/2005-339, s. 4;
  • SOR/2015-20, s. 5.

Extension of Time to File and Serve Application for Leave

  •  (1) A request to extend the time for filing and serving an application for leave shall be made in the application for leave.

  • (2) A request for an extension of time shall be determined at the same time, and on the same materials, as the application for leave.

  • SOR/98-235, s. 8(F);
  • SOR/2002-232, s. 6;
  • SOR/2015-20, s. 6.

Filing and Service of Application for Leave

[SOR/2002-232, s. 15]
  •  (1) Service of an application for leave is effected by serving a certified copy of the application on each respondent.

  • (2) Proof of service of an application on the other parties shall be filed within 10 days after the application is served.

  • SOR/98-235, s. 3;
  • SOR/2002-232, s. 7;
  • SOR/2015-20, s. 7.

Notice of Appearance

  •  (1) A respondent who is served with an application for leave shall serve a notice of appearance in accordance with Form IR-2 as set out in the schedule on the applicant and the tribunal, and file it, together with proof of service, within 10 days after service of the application for leave.

  • (2) A respondent who has failed to file a notice of appearance in accordance with subrule (1) shall not be entitled to any further notice or service of any further document in the proceeding.

  • SOR/98-235, ss. 7(F), 8(F);
  • SOR/2002-232, s. 15.

Obtaining Tribunal’s Decision and Reasons

  •  (1) Where an application for leave sets out that the applicant has not received the written reasons of the tribunal, the Registry shall forthwith send the tribunal a written request in Form IR-3 as set out in the schedule.

  • (2) Upon receipt of a request under subrule (1) a tribunal shall, without delay,

    • (a) send a copy of the decision or order, and written reasons therefor, duly certified by an appropriate officer to be correct, to each of the parties, and two copies to the Registry; or

    • (b) if no reasons were given for the decision or order in respect of which the application is made, or reasons were given but not recorded, send an appropriate written notice to all the parties and the Registry.

  • (3) A tribunal shall be deemed to have received a request under subrule (1) on the tenth day after it was sent by mail by the Registry.

  • (4) The applicant shall be deemed to have received the written reasons, or the notice referred to in paragraph 9(2)(b), as the case may be, on the tenth day after it was sent by mail by the tribunal.

  • SOR/98-235, s. 8(F);
  • SOR/2002-232, s. 15.

Perfecting Application for Leave

  •  (1) The applicant shall perfect an application for leave by complying with subrule (2)

    • (a) where the application sets out that the applicant has received the tribunal’s written reasons, within 30 days after filing the application; or

    • (b) where the application sets out that the applicant has not received the tribunal’s written reasons, within 30 days after receiving either the written reasons, or the notice under paragraph 9(2)(b), as the case may be.

  • (2) The applicant shall serve on every respondent who has filed and served a notice of appearance, a record containing the following, on consecutively numbered pages, and in the following order

    • (a) the application for leave,

    • (b) the decision or order, if any, in respect of which the application is made,

    • (c) the written reasons given by the tribunal, or the notice under paragraph 9(2)(b), as the case may be,

    • (d) one or more supporting affidavits verifying the facts relied on by the applicant in support of the application, and

    • (e) a memorandum of argument which shall set out concise written submissions of the facts and law relied upon by the applicant for the relief proposed should leave be granted,

    and file it, together with proof of service.

  • SOR/98-235, ss. 7(F), 8(F).
 
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