Federal Courts Citizenship, Immigration and Refugee Protection Rules

14 (1) Where

• (a) any party has failed to serve and file any document required by these Rules within the time fixed, or

• (b) the applicant’s reply memorandum has been filed, or the time for filing it has expired,

a judge may, without further notice to the parties, determine the application for leave on the basis of the materials then filed.

(2) Where the judge considers that documents in the possession or control of the tribunal are required for the proper disposition of the application for leave, the judge may, by order, specify the documents to be produced and filed and give such other directions as the judge considers necessary to dispose of the application for leave.

(3) The Registry shall send to the tribunal a copy of an order made under subrule (2) forthwith after it is made.

(4) Upon receipt of an order under subrule (2), the tribunal shall, without delay, send a copy of the materials specified in the order, duly certified by an appropriate officer to be correct, to each of the parties, and two copies to the Registry.

(5) The tribunal shall be deemed to have received a copy of the order on the tenth day after it was sent by mail by the Registry.