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Federal Courts Citizenship, Immigration and Refugee Protection Rules

Version of section 10 from 2021-06-17 to 2024-03-06:

  •  (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

    • (a) 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:

      • (i) the application for leave,

      • (ii) the decision or order, if any, in respect of which the application is made,

      • (iii) the written reasons given by the tribunal, or the notice under paragraph 9(2)(b), as the case may be,

      • (iv) the request, if any, for an anonymity order under rule 8.1,

      • (v) one or more supporting affidavits that verify the facts relied on by the applicant in support of the application or a request for an anonymity order under rule 8.1, if any,

      • (vi) a memorandum of argument that contains concise submissions of the facts and law relied upon by the applicant for the relief proposed in the event that leave is granted, and

      • (vii) a statement indicating whether the hearing will be in English or French, or partly in English and partly in French, and whether the materials for the hearing will be in English and French, or partly in English and partly in French; and

    • (b) file the record, together with proof of service.

  • SOR/98-235, ss. 7(F), 8(F)
  • SOR/2021-149, s. 6

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