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

Regulations are current to 2013-04-29 and last amended on 2007-12-13. Previous Versions

Federal Courts Immigration and Refugee Protection Rules

SOR/93-22

IMMIGRATION AND REFUGEE PROTECTION ACT

Registration 1993-01-25

Federal Courts 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

1. [Repealed, SOR/2002-232, s. 2]

INTERPRETATION

2. The following definitions apply in these Rules.

“Act”

“Act” means the Immigration and Refugee Protection Act; (Loi)

“appeal”

“appeal” means an appeal referred to in paragraph 74(d) of the Act; (appel)

“application for judicial review”

“application for judicial review” means an application under section 74 of the Act; (demande de contrôle judiciaire)

“application for leave”

“application for leave” means an application under section 72 of the 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 72(1) of the Act which 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.

APPLICATION

3. [Repealed, SOR/98-235, s. 2]

  • 4. (1) Subject to subrule (2), except to the extent that they are inconsistent with the Act or these Rules, Parts 1 to 3, 5.1, 6, 7, 10 and 11 and rules 383 to 385 of the Federal Courts Rules apply to applications for leave, applications for judicial review and appeals.

  • (2) Rule 133 of the Federal Courts Rules does not apply to the service of an application for leave or an application for judicial review.

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