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

Act current to 2013-05-20 and last amended on 2013-04-29. Previous Versions

Marginal note:Right of Minister

73. The Minister may make an application for leave to commence an application for judicial review with respect to any decision of the Refugee Appeal Division, whether or not the Minister took part in the proceedings before the Refugee Protection Division or Refugee Appeal Division.

Marginal note:Judicial review

74. Judicial review is subject to the following provisions:

  • (a) the judge who grants leave shall fix the day and place for the hearing of the application;

  • (b) the hearing shall be no sooner than 30 days and no later than 90 days after leave was granted, unless the parties agree to an earlier day;

  • (c) the judge shall dispose of the application without delay and in a summary way; and

  • (d) an appeal to the Federal Court of Appeal may be made only if, in rendering judgment, the judge certifies that a serious question of general importance is involved and states the question.

Marginal note:Rules

  • 75. (1) Subject to the approval of the Governor in Council, the rules committee established under section 45.1 of the Federal Courts Act may make rules governing the practice and procedure in relation to applications for leave to commence an application for judicial review, for judicial review and for appeals. The rules are binding despite any rule or practice that would otherwise apply.

  • Marginal note:Inconsistencies

    (2) In the event of an inconsistency between this Division and any provision of the Federal Courts Act, this Division prevails to the extent of the inconsistency.

  • 2001, c. 27, s. 75;
  • 2002, c. 8, s. 194.
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Division 9

Certificates and Protection of Information

Interpretation

Marginal note:Definitions

76. The following definitions apply in this Division.

“information”

« renseignements »

“information” means security or criminal intelligence information and information that is obtained in confidence from a source in Canada, the government of a foreign state, an international organization of states or an institution of such a government or international organization.

“judge”

« juge »

“judge” means the Chief Justice of the Federal Court or a judge of that Court designated by the Chief Justice.

  • 2001, c. 27, s. 76;
  • 2002, c. 8, s. 194;
  • 2008, c. 3, s. 4.
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