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Federal Courts Citizenship, Immigration and Refugee Protection Rules

Version of section 5 from 2021-06-17 to 2024-03-06:

  •  (1) An application for leave shall be in accordance with Form IR-1 as set out in the schedule and shall set out

    • (a) the full names of the parties;

    • (b) the date and the details of the matter — the decision, determination or order made, measure taken or question raised — in respect of which relief is sought and the date on which the applicant was notified of or otherwise became aware of the matter;

    • (c) the name of the tribunal and, if the tribunal was composed of more than one person, the name of each person who was on the tribunal;

    • (d) the tribunal’s file number, if any;

    • (e) the precise relief to be sought on the application for judicial review;

    • (f) the grounds on which the relief is sought, including a reference to any statutory provision or Rule to be relied on;

    • (g) the proposed place and language of the hearing of the application for judicial review;

    • (h) whether or not the applicant has received the written reasons of the tribunal;

    • (i) if the applicant consents to the electronic service of documents, the applicant’s electronic address as set out in Form 141A of the Federal Courts Rules;

    • (j) the name, address and telephone number of any person who, for a fee or other consideration, prepared the application for leave; and

    • (k) the signature, name, address and telephone number of the applicant’s solicitor or, if the applicant acts in person, his or her signature, name, address for service in Canada and telephone number.

  • (2) Unless he or she is the applicant, the respondent to an application for leave is

    • (a) in the case of a matter under the Citizenship Act, the Minister of Citizenship and Immigration; and

    • (b) in the case of a matter under the Immigration and Refugee Protection Act, each Minister who is responsible for the administration of that Act in respect of the matter for which leave is sought.

  • SOR/98-235, ss. 7(F), 8(F)
  • SOR/2002-232, ss. 5, 15
  • SOR/2005-339, s. 4
  • SOR/2015-20, s. 5
  • SOR/2021-149, s. 3

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