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Immigration and Refugee Protection Act

Version of section 72 from 2003-01-01 to 2003-07-01:


Marginal note:Application for judicial review

  •  (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 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 — Trial Division (“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.

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