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

Regulations are current to 2014-09-29 and last amended on 2007-12-13. Previous Versions

 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 rendering a judgment in respect of an application for judicial review, a judge shall give the parties an opportunity to request that the judge certify that a serious question of general importance is involved as referred to in paragraph 74(d) of the Act.

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  • (3) [Repealed, SOR/2002-232, s. 9]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

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 [Repealed, SOR/98-235, s. 4]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  •  (1) [Repealed, SOR/98-235, s. 5]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.