1 [Repealed, SOR/2002-232, s. 2]

Interpretation

2 The following definitions apply in these Rules.

Act

Act means the Immigration and Refugee Protection Act; (Loi)

appeal

appeal means an appeal referred to in paragraph 74(d) of the Act; (appel)

application for judicial review

application for judicial review means an application under section 74 of the Act; (demande de contrôle judiciaire)

application for leave

application for leave means an application under section 72 of the Act; (demande d’autorisation)

Court

Court means, as the circumstances require,

• (a) the Federal Court of Appeal, including, in respect of a motion, a single judge of that court; or

• (b) the Federal Court, including a prothonotary acting within his or her jurisdiction. (Cour)

Registry

Registry means a registry within the meaning of the Federal Courts Act. (greffe)

tribunal

tribunal means a person or body who has disposed of a matter referred to in subsection 72(1) of the Act which is the subject of an application for leave or an application for judicial review; (tribunal administratif)

written reasons

written reasons includes a transcript of reasons given orally. (motifs écrits)

Application

3 [Repealed, SOR/98-235, s. 2]

• 4 (1) Subject to subrule (2), except to the extent that they are inconsistent with the Act or these Rules, Parts 1 to 3, 6, 7, 10 and 11 and rules 383 to 385 of the Federal Courts Rules apply to applications for leave, applications for judicial review and appeals.

• (2) Rule 133 of the Federal Courts Rules does not apply to the service of an application for leave or an application for judicial review.

Form of Application for Leave

• 5 (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; and

  • (i) the signature, name, address and telephone number of the individual solicitor filing the application for leave, or where 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 Minister responsible for the administration of the Immigration and Refugee Protection Act in respect of the matter for which leave is sought shall be the respondent in an application for leave.

Extension of Time to File and Serve Application for Leave

• 6 (1) A request for an extension of time referred to in paragraph 72(2)(c) of the Act shall be made in the application for leave in accordance with Form IR-1 set out in the schedule.

• (2) A request for an extension of time shall be determined at the same time, and on the same materials, as the application for leave.

Filing and Service of Application for Leave

• 7 (1) Service under paragraph 72(2)(b) of the Act is effected by serving a certified copy of the application for leave on the respondent.

• (2) Proof of service of an application on the other parties shall be filed within 10 days after the application is served.

Notice of Appearance

• 8 (1) A respondent who is served with an application for leave shall serve a notice of appearance in accordance with Form IR-2 as set out in the schedule on the applicant and the tribunal, and file it, together with proof of service, within 10 days after service of the application for leave.

• (2) A respondent who has failed to file a notice of appearance in accordance with subrule (1) shall not be entitled to any further notice or service of any further document in the proceeding.

Obtaining Tribunal’s Decision and Reasons

• 9 (1) Where an application for leave sets out that the applicant has not received the written reasons of the tribunal, the Registry shall forthwith send the tribunal a written request in Form IR-3 as set out in the schedule.

• (2) Upon receipt of a request under subrule (1) a tribunal shall, without delay,

  • (a) send a copy of the decision or order, and written reasons therefor, duly certified by an appropriate officer to be correct, to each of the parties, and two copies to the Registry; or

  • (b) if no reasons were given for the decision or order in respect of which the application is made, or reasons were given but not recorded, send an appropriate written notice to all the parties and the Registry.

• (3) A tribunal shall be deemed to have received a request under subrule (1) on the tenth day after it was sent by mail by the Registry.

• (4) The applicant shall be deemed to have received the written reasons, or the notice referred to in paragraph 9(2)(b), as the case may be, on the tenth day after it was sent by mail by the tribunal.

Perfecting Application for Leave

• 10 (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 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

  • (a) the application for leave,

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

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

  • (d) one or more supporting affidavits verifying the facts relied on by the applicant in support of the application, and

  • (e) a memorandum of argument which shall set out concise written submissions of the facts and law relied upon by the applicant for the relief proposed should leave be granted,

  and file it, together with proof of service.

Respondent’s Affidavits and Memorandum of Argument

11 A respondent who opposes an application for leave

• (a) may serve on the other parties one or more affidavits, and

• (b) shall serve on the other parties a memorandum of argument which shall set out concise written submissions of the facts and law relied upon by the respondent,

and file them, together with proof of service, within 30 days after service of the documents referred to in subrule 10(2).

Affidavits

• 12 (1) Affidavits filed in connection with an application for leave shall be confined to such evidence as the deponent could give if testifying as a witness before the Court.

• (2) Unless a judge for special reasons so orders, no cross-examination of a deponent on an affidavit filed in connection with an application is permitted before leave to commence an application for judicial review is granted.

Reply Memorandum

13 Where a respondent serves a memorandum of argument, an applicant may serve a memorandum of argument in reply thereto, and shall file it, together with proof of service, within 10 days after the day of service of the respondent’s memorandum of argument.

Disposition of Application for Leave

• 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.

• 15 (1) An order granting an application for leave

  • (a) shall specify the language and the date and place fixed under paragraphs 74(a) and (b) of the Act for the hearing of the application for judicial review;

  • (b) shall specify the time limit within which the tribunal is to send copies of its record required under Rule 17;

  • (c) shall specify the time limits within which further materials, if any, including affidavits, transcripts of cross-examinations, and memoranda of argument are to be served and filed;

  • (d) shall specify the time limits within which cross-examinations, if any, on affidavits are to be completed; and

  • (e) may specify any other matter that the judge considers necessary or expedient for the hearing of the application for judicial review.

• (2) The Registry shall send to the tribunal a copy of an order granting leave forthwith after it is made.

• (3) 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.

16 Where leave is granted, all documents filed in connection with the application for leave shall be retained by the Registry for consideration by the judge hearing the application for judicial review.

Obtaining Tribunal’s Record

17 Upon receipt of an order under Rule 15, a tribunal shall, without delay, prepare a record containing the following, on consecutively numbered pages and in the following order:

• (a) the decision or order in respect of which the application for judicial review is made and the written reasons given therefor,

• (b) all papers relevant to the matter that are in the possession or control of the tribunal,

• (c) any affidavits, or other documents filed during any such hearing, and

• (d) a transcript, if any, of any oral testimony given during the hearing, giving rise to the decision or order or other matter that is the subject of the application for judicial review,

and shall send a copy, duly certified by an appropriate officer to be correct, to each of the parties and two copies to the Registry.

Disposition of Application for Judicial Review

• 18 (1) Before rendering a judgment in respect of an application for judicial review, a judge shall give the parties an opportunity to request that the judge certify that a serious question of general importance is involved as referred to in paragraph 74(d) of the Act.

• (2) A party who requests that the judge certify that a serious question of general importance is involved shall specify the precise question.

• (3) [Repealed, SOR/2002-232, s. 9]

Appeals

19 [Repealed, SOR/98-235, s. 4]

• 20 (1) An appeal to the Federal Court of Appeal shall be commenced by filing a notice of appeal in Form IR-4 as set out in the schedule within

  • (a) 30 days after the pronouncement of the judgment under appeal; or

  • (b) such further time as may be ordered by a judge of the Federal Court.

• (2) A notice of appeal shall be served on all parties and proof of service filed within 15 days after the notice of appeal is filed.

Time Limits

• 21 (1) [Repealed, SOR/98-235, s. 5]

• (2) No time limit prescribed by these Rules may be varied except by order of a judge or prothonotary.

Costs

22 No costs shall be awarded to or payable by any party in respect of an application for leave, an application for judicial review or an appeal under these Rules unless the Court, for special reasons, so orders.

Fees

23 A fee of $50 shall be paid to the Registry in order to file an application for leave or a notice of appeal.

Coming into Force

Footnote ^*24 These Rules shall come into force on the day on which sections 73, 114, 115, 116, 117 and 118 of An Act to amend the Immigration Act and other Acts in consequence thereof, S.C. 1992, c. 49, come into force.

• Return to footnote ^*[Note: Rules in force February 1, 1993, see SI/93-16.]