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

Regulations are current to 2015-08-04 and last amended on 2015-01-30. Previous Versions

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).