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

Regulations are current to 2012-05-02 and last amended on 2007-12-13. Previous Versions

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 Minister responsible for the administration of the Immigration and Refugee Protection Act in respect of the matter for which leave is sought shall be the respondent in an application for leave.

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

EXTENSION OF TIME TO FILE AND SERVE APPLICATION FOR LEAVE

  •  (1) A request for an extension of time referred to in paragraph 72(2)(c) of the Act shall be made in the application for leave in accordance with Form IR-1 set out in the schedule.

  • (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.

FILING AND SERVICE OF APPLICATION FOR LEAVE

[SOR/2002-232, s. 15]
  •  (1) Service under paragraph 72(2)(b) of the Act is effected by serving a certified copy of the application for leave on the 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.

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.