Immigration and Refugee Protection Act (S.C. 2001, c. 27)

Marginal note:Application for judicial review

• 72 (1) Judicial review by the Federal Court with respect to any matter — a decision, determination or order made, a measure taken or a question raised — under this Act is, subject to section 86.1, commenced by making an application for leave to the Court.

• Marginal note:Application

  (2) The following provisions govern an application under subsection (1):

  • (a) the application may not be made until any right of appeal that may be provided by this Act is exhausted;

  • (b) subject to paragraph 169(f), notice of the application shall be served on the other party and the application shall be filed in the Registry of the Federal Court (“the Court”) within 15 days, in the case of a matter arising in Canada, or within 60 days, in the case of a matter arising outside Canada, after the day on which the applicant is notified of or otherwise becomes aware of the matter;

  • (c) a judge of the Court may, for special reasons, allow an extended time for filing and serving the application or notice;

  • (d) a judge of the Court shall dispose of the application without delay and in a summary way and, unless a judge of the Court directs otherwise, without personal appearance; and

  • (e) no appeal lies from the decision of the Court with respect to the application or with respect to an interlocutory judgment.