Proceedings in a court of law can be complicated and as such, if you are a self-represented litigant, you may wish to seek legal advice.
A person who would like to apply for judicial review of an immigration decision or matter that falls under the Immigration and Refugee Protection Act must first obtain permission (leave) from a judge of the Federal Court. Section 72 of this Act provides that an application for leave and for judicial review may be served on the other party and filed with the registry of the Court within 15 days (for a matter arising in Canada) OR 60 days (for a matter arising outside Canada) after the day on which an applicant is notified of or becomes aware of the matter to be reviewed.
It is only if the Court decides to grant leave that the case will proceed to an oral hearing of the application for judicial review itself. If the Court dismisses the leave application, the application for judicial review is also dismissed and the file will be closed.
The Federal Courts Citizenship, Immigration and Refugee Protection Rules will guide you through the various steps involved and the forms to be used in the course of an application for leave and for judicial review. You are responsible for taking these steps within the time limits provided by the Rules.
The application must include:
If for special reasons, the time limit of 15 or 60 days mentioned in section 72 of the Immigration and Refugee Protection Act has expired, a request for an extension of time must be made in the application for leave.
Since an application for leave is an originating document, it must be served personally by delivering a certified copy to any respondent named in the leave application. Additional copies of the application will need to be submitted to the registry for certification (stamping) purposes.
| Types of fees | Fees (CAD) |
|---|---|
| Fee for filing an application for leave and for judicial review | $50.00 |
Payment of the filing fee may be made
The proof of service of a certified copy of the application on each respondent must be filed within 10 days after the application is served.
A notice of appearance (form IR-2) must be served upon the applicant and the tribunal and filed by the respondent within 10 days of service of the application.
A respondent who does not file a notice of appearance shall not be entitled to receive any further document in the proceeding.
If the application mentions that no written reasons of the tribunal were received by the applicant, the registry will send a request to the tribunal (Form IR-3) to obtain these. The tribunal will either send copies of the reasons to the parties and to the registry or, if no reasons are available, will confirm this in a written notice.
An applicant must file a record (with proof that it has been served on every respondent having filed a notice of appearance) within:
The pags of the record must be consecutively numbered and contain the following (in this order):
The respondent has 30 days from the date of service of the applicant's record to file, with proof of service on the other parties, one or more affidavits and a memorandum of argument.
The applicant may file a memorandum of argument in reply, with proof of service on the respondent, within 10 days of service of the respondent's memorandum.
The request for leave to commence an application for judicial review is determined by the Court in writing without the personal appearance of the parties. If the applicant has also applied for an extension of time, it will be disposed of at the same time.
There is no right to appeal a decision on an application for leave.
The order granting leave will include the date, time, place and language of the judicial review application and the time within which:
The order may also mention any other matter that the judge considers necessary for the hearing of the application.
All material filed with the application for leave will be used by the Court at the hearing of the application for judicial review.
Upon receipt of an order granting leave, the tribunal will send certified copies of its record to the parties and to the registry containing:
The hearing must be held no sooner than 30 days and no later than 90 days after leave was granted, unless the parties agree to an earlier date. The hearing provides the parties with an opportunity to present oral submissions with respect to the judicial review application.
If you are not represented by a lawyer, you will need to be present at the hearing to argue your case. If you are represented by a lawyer, you do not need to attend but you may choose to do so.
The judgment on the judicial review application may be delivered from the bench or at a later date.
If the Federal Court grants your judicial review application, it may refer your case back to the tribunal so that it may be reconsidered.
A decision on a judicial review application concerning an immigration matter may not be appealed to the Federal Court of Appeal unless the judge of the Federal Court has certified that a serious question of general importance is involved.
Date modified: 2022-06-22