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

Regulations are current to 2017-11-20 and last amended on 2015-01-30. Previous Versions

Respondent’s Affidavits and Memorandum of Argument

 A respondent who opposes an application for leave

  • (a) may serve on the other parties one or more affidavits, and

  • (b) shall serve on the other parties a memorandum of argument which shall set out concise written submissions of the facts and law relied upon by the respondent,

and file them, together with proof of service, within 30 days after service of the documents referred to in subrule 10(2).

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

Affidavits

  •  (1) Affidavits filed in connection with an application for leave shall be confined to such evidence as the deponent could give if testifying as a witness before the Court.

  • (2) Unless a judge for special reasons so orders, no cross-examination of a deponent on an affidavit filed in connection with an application is permitted before leave to commence an application for judicial review is granted.

  • SOR/2002-232, s. 15.

Reply Memorandum

 Where a respondent serves a memorandum of argument, an applicant may serve a memorandum of argument in reply thereto, and shall file it, together with proof of service, within 10 days after the day of service of the respondent’s memorandum of argument.

  • SOR/98-235, ss. 7(F), 8(F).

Disposition of Application for Leave

  •  (1) Where

    • (a) any party has failed to serve and file any document required by these Rules within the time fixed, or

    • (b) the applicant’s reply memorandum has been filed, or the time for filing it has expired,

    a judge may, without further notice to the parties, determine the application for leave on the basis of the materials then filed.

  • (2) Where the judge considers that documents in the possession or control of the tribunal are required for the proper disposition of the application for leave, the judge may, by order, specify the documents to be produced and filed and give such other directions as the judge considers necessary to dispose of the application for leave.

  • (3) The Registry shall send to the tribunal a copy of an order made under subrule (2) forthwith after it is made.

  • (4) Upon receipt of an order under subrule (2), the tribunal shall, without delay, send a copy of the materials specified in the order, duly certified by an appropriate officer to be correct, to each of the parties, and two copies to the Registry.

  • (5) The tribunal shall be deemed to have received a copy of the order on the tenth day after it was sent by mail by the Registry.

  • SOR/98-235, s. 8(F).
  •  (1) An order granting an application for leave

    • (a) shall specify the language and the day and place fixed for the hearing of the application for judicial review;

    • (b) shall specify the time limit within which the tribunal is to send copies of its record required under Rule 17;

    • (c) shall specify the time limits within which further materials, if any, including affidavits, transcripts of cross-examinations, and memoranda of argument are to be served and filed;

    • (d) shall specify the time limits within which cross-examinations, if any, on affidavits are to be completed; and

    • (e) may specify any other matter that the judge considers necessary or expedient for the hearing of the application for judicial review.

  • (2) The Registry shall send to the tribunal a copy of an order granting leave forthwith after it is made.

  • (3) The tribunal shall be deemed to have received a copy of the order on the tenth day after it was sent by mail by the Registry.

  • SOR/2002-232, s. 8;
  • SOR/2015-20, s. 8.

 Where leave is granted, all documents filed in connection with the application for leave shall be retained by the Registry for consideration by the judge hearing the application for judicial review.

Obtaining Tribunal’s Record

 Upon receipt of an order under Rule 15, a tribunal shall, without delay, prepare a record containing the following, on consecutively numbered pages and in the following order:

  • (a) the decision or order in respect of which the application for judicial review is made and the written reasons given therefor,

  • (b) all papers relevant to the matter that are in the possession or control of the tribunal,

  • (c) any affidavits, or other documents filed during any such hearing, and

  • (d) a transcript, if any, of any oral testimony given during the hearing, giving rise to the decision or order or other matter that is the subject of the application for judicial review,

and shall send a copy, duly certified by an appropriate officer to be correct, to each of the parties and two copies to the Registry.

  • SOR/2002-232, s. 14.

Disposition of Application for Judicial Review

  •  (1) Before a judge renders judgment in respect of an application for judicial review, the judge shall provide the parties with an opportunity to request that he or she certify that a serious question of general importance, referred to in paragraph 22.2(d) of the Citizenship Act or paragraph 74(d) of the Immigration and Refugee Protection Act, as the case may be, is involved.

  • (2) A party who requests that the judge certify that a serious question of general importance is involved shall specify the precise question.

  • (3) [Repealed, SOR/2002-232, s. 9]

  • SOR/2002-232, s. 9;
  • SOR/2015-20, s. 9.

Appeals

 [Repealed, SOR/98-235, s. 4]

  •  (1) An appeal to the Federal Court of Appeal shall be commenced by filing a notice of appeal in Form IR-4 as set out in the schedule within

    • (a) 30 days after the pronouncement of the judgment under appeal; or

    • (b) such further time as may be ordered by a judge of the Federal Court.

  • (2) A notice of appeal shall be served on all parties and proof of service filed within 15 days after the notice of appeal is filed.

  • 2002, c. 8, s. 183;
  • SOR/2002-232, s. 10;
  • SOR/2005-339, s. 5.

Time Limits

  •  (1) [Repealed, SOR/98-235, s. 5]

  • (2) No time limit prescribed by these Rules may be varied except by order of a judge or prothonotary.

  • SOR/98-235, s. 5.

Costs

 No costs shall be awarded to or payable by any party in respect of an application for leave, an application for judicial review or an appeal under these Rules unless the Court, for special reasons, so orders.

  • SOR/2002-232, s. 11.

Fees

 A fee of $50 shall be paid to the Registry in order to file an application for leave or a notice of appeal.

  • SOR/2002-232, s. 15.

Coming into Force

Footnote * These Rules shall come into force on the day on which sections 73, 114, 115, 116, 117 and 118 of An Act to amend the Immigration Act and other Acts in consequence thereof, S.C. 1992, c. 49, come into force.

 
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