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

Regulations are current to 2016-09-18 and last amended on 2015-01-30. Previous Versions

SCHEDULE(Subrules 5(1), 6(1), 8(1), 9(1) and 20(1))

Form IR-1 (Rules 5 and 6)

Court File No.

FEDERAL COURT

Between:

(Insert, as applicable, the full name of party, the Minister of Citizenship and Immigration or each Minister responsible for the administration of the Immigration and Refugee Protection Act in respect of the matter for which leave is sought)

Applicant(s)

and

(Insert, as applicable, the full name of party, the Minister of Citizenship and Immigration or each Minister responsible for the administration of the Immigration and Refugee Protection Act in respect of the matter for which leave is sought)

Respondent(s)

Application for Leave and for Judicial Review

TO THE RESPONDENT(S)

AN APPLICATION FOR LEAVE TO COMMENCE AN APPLICATION FOR JUDICIAL REVIEW has been commenced by the applicant(s) under

(Select the provision under which this application is made)

[ ]SUBSECTION 22.1(1) OF THE CITIZENSHIP ACT; or

[ ]SUBSECTION 72(1) OF THE IMMIGRATION AND REFUGEE PROTECTION ACT.

UNLESS A JUDGE OTHERWISE DIRECTS, THIS APPLICATION FOR LEAVE will be disposed of without personal appearance by the parties, in accordance with paragraph 22.1(2)(c) of the Citizenship Act or paragraph 72(2)(d) of the Immigration and Refugee Protection Act, as the case may be.

IF YOU WISH TO OPPOSE THIS APPLICATION FOR LEAVE, you or a solicitor authorized to practice in Canada and acting for you must prepare a Notice of Appearance in Form IR-2 prescribed by the Federal Courts Citizenship, Immigration and Refugee Protection Rules, serve it on the tribunal and the applicant’s solicitor or, if the applicant does not have a solicitor, serve it on the applicant, and file it, with proof after service, in the Registry, within 10 days after the day on which this application for leave is served.

IF YOU FAIL TO DO SO, the Court may nevertheless dispose of this application for leave and, if the leave is granted, of the subsequent application for judicial review without further notice to you.

  • Copies of the relevant Rules of Court, information on the local office of the Court and other necessary information may be obtained from any local office of the Federal Court or the Registry in Ottawa, telephone: (613) 992-4238.

The applicant seeks leave of the Court to commence an application for judicial review of:

(Set out the date and details of the matter — the decision or order made, measure taken or question raised — in respect of which a judicial review is sought and the date on which the applicant was notified or otherwise became aware of the matter.)

(Set out the name, address and telephone number of the tribunal and, if the tribunal was composed of more than one person, the name of each person who was on the tribunal.)

(Set out the tribunal’s file number(s), if applicable.)

(Add the following paragraph, if applicable.)

[The applicant also applies to the Court for an extension of time to file and serve the application under paragraph 22.1(2)(b) of the Citizenship Act or under paragraph 72(2)(c) of the Immigration and Refugee Protection Act, as the case may be, for the following special reasons:

(Set out the special reasons for the request for the extension of time.)]

If the application for leave is granted, the applicant seeks the following relief by way of a judicial review:

(Set out the precise relief sought should leave be granted, including any statutory provision or rule relied on.)

If the application for leave is granted, the application for judicial review is to be based on the following grounds:

(Set out the grounds to be argued, including a reference to any statutory provision or rule to be relied on.)

The applicant (has or has not) received written reasons from the tribunal.

If the application for leave is granted, the applicant proposes that the application for judicial review be heard at, in the (English and/or French) language.

(Signature of solicitor or applicant)
(Name, address and telephone of solicitor or applicant)

To: (Name(s) and address(es) of respondent(s))

Form IR-2 (Rule 8)

Registry No.

FEDERAL COURT

Between:

Applicant(s)

and

Respondent(s)

Notice of Appearance

THE RESPONDENT(S) (name(s)) intend(s) to respond to this application for leave.

The tribunal’s file number(s), as set out in the application for leave is (are)

(Date)

(Name, address and telephone number of respondent’s solicitor, or respondent if acting in person)

  • TO: 
    (Name and address of applicant’s solicitor, or applicant if acting in person)
  • (Name and address of tribunal)

Form IR-3 (Rule 9)

Court File No.

FEDERAL COURT

Between:

Applicant(s)

and

Respondent(s)

Request to Tribunal

  • TO: 
    (Name and address of tribunal)
  • RE: 
    (Set out the complete particulars of the matter — decision or order made, measure taken or question raised — as they appear in the application, with the tribunal’s file number(s), if any.)

DATE :

In an application filed on , 20, the applicant set out that he or she had not received written reasons for the above-captioned matter.

In accordance with rule 9 of the Federal Courts Citizenship, Immigration and Refugee Protection Rules, you are requested to send, without delay,

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

  • (b) a written notice to each of the parties and to the Registry indicating that no reasons were given or reasons were given but not recorded, as the case may be.

(Signature of Registry Officer)
Name of Registry Officer
Telephone Number

Form IR-4 (Rule 20)

Court File No.

FEDERAL COURT OF APPEAL

Between:

Appellant

(Applicant (or Respondent) in the Federal Court)

and

(name)

Respondent

(Applicant (or Respondent) in the Federal Court)

Notice of Appeal

THE APPELLANT (name) appeals from the judgment of the Honourable (name of judge) of the Federal Court, delivered on (date).

The following serious question(s) of general importance was (were) certified:

(Set out the question(s) certified.)

The question(s) was (were) certified under:

(Select the appropriate provision.)

[ ]PARAGRAPH 22.2(d) OF THE CITIZENSHIP ACT; or

[ ]PARAGRAPH 74(d) OF THE IMMIGRATION AND REFUGEE PROTECTION ACT.

The appellant seeks the following relief on the determination of the question(s) under section 52 of the Federal Courts Act:

(Set out the relief sought, with reference to the specific provisions in section 52 of the Federal Courts Act relied on.)

The appellant requests that this appeal be heard at (place), in the (English and/or French) language.

Dated at , this of , 20

(Name, address and telephone number of appellant’s solicitor)

  • TO: 
    (Name and address of respondent’s solicitor, or respondent if acting in person)
  • SOR/98-235, ss. 6, 7(F), 8(F);
  • SOR/2002-232, ss. 12, 13, 15;
  • SOR/2005-339, s. 6;
  • SOR/2015-20, s. 10.
 
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