Federal Courts Citizenship, Immigration and Refugee Protection Rules (SOR/93-22)

1 [Repealed, SOR/2002-232, s. 2]

Interpretation

2 The following definitions apply in these Rules.

Act

Act[Repealed, SOR/2015-20, s. 2]

appeal

appeal means an appeal referred to in section 10.7 or paragraph 22.2(d) of the Citizenship Act or paragraph 74(d) of the Immigration and Refugee Protection Act. (appel)

application for judicial review

application for judicial review means an application referred to in section 22.2 of the Citizenship Act or section 74 of the Immigration and Refugee and Protection Act. (demande de contrôle judiciare)

application for leave

application for leave means an application referred to in section 22.1 of the Citizenship Act or section 72 of the Immigration and Refugee and Protection 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 22.1(1) of the Citizenship Act or subsection 72(1) of the Immigration and Refugee and Protection Act, that 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 These Rules apply to the following applications and appeals under the Citizenship Act and the Immigration and Refugee Protection Act:

• (a) applications for leave;

• (b) applications for judicial review; and

• (c) appeals to the Federal Court of Appeal from judgments of the Federal Court.

• 4 (1) Except to the extent that they are inconsistent with the Citizenship Act or the Immigration and Refugee Protection Act, as the case may be, or these Rules, Parts 1 to 3, 5.1, 6, 7, 10 and 11 and rules 302 and 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.

Deemed Receipt of Documents

• 4.1 (1) A document that is required to be sent under these Rules is deemed to be received by the recipient

  • (a) if it is sent by ordinary mail, on the tenth day after the day on which it is mailed;

  • (b) if it is sent by registered mail or courier, on the day of delivery that is indicated on the post office or courier delivery receipt, as the case may be; or

  • (c) if it is sent by electronic transmission or fax, on the day on which it is sent, as indicated on the electronic transmission or the fax transmission slip, as the case may be.

• (2) However, if the day on which the document is deemed to be received is a holiday or, in the case of a document that is sent by electronic transmission or fax, the document is sent after 5 p.m. at the recipient’s local time, the document is deemed to be received on the next day that is not a holiday.

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;

  • (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.

Extension of Time to File and Serve Application for Leave

• 6 (1) A request to extend the time for filing and serving an application for leave shall be made in the application for leave.

• (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 of an application for leave is effected by serving a certified copy of the application on each 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.

Anonymity Order

• 8.1 (1) A party to an application for leave may make a written request, in Form IR-5 as set out in the schedule, that the court make an order that all documents that are prepared by the Court and that may be made available to the public be amended and redacted to the extent necessary to make the party’s identity anonymous.

• (2) A party who opposes the request may, in that Form IR-5, make a written objection to the request.

• (3) A request or an objection to a request, as the case may be, shall be served and filed and set out the grounds for the request or objection.

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

• (5) The Court may make an order under subrule (1) if, after taking the public interest in open and accessible court proceedings into account, the Court is satisfied that the party’s identity should be made anonymous.

• (6) An order under this rule continues in effect until the Court orders otherwise, including for the duration of any appeal of the proceeding and after final judgment.

Obtaining Tribunal’s Decision and Reasons

• 9 (1) If an application for leave sets out that the applicant has not received the written reasons of the tribunal, the Registry shall, without delay, send the tribunal a request in Form IR-3 as set out in the schedule.

• (2) After receiving the request the tribunal shall, without delay,

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

  • (b) send a written notice to each of the parties and to the Registry indicating that no reasons were given or reasons were given but not recorded, as the case may be.

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

  • (a) 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:

    • (i) the application for leave,

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

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

    • (iv) the request, if any, for an anonymity order under rule 8.1,

    • (v) one or more supporting affidavits that verify the facts relied on by the applicant in support of the application or a request for an anonymity order under rule 8.1, if any,

    • (vi) a memorandum of argument that contains concise submissions of the facts and law relied upon by the applicant for the relief proposed in the event that leave is granted, and

    • (vii) a statement indicating whether the hearing will be in English or French, or partly in English and partly in French, and whether the materials for the hearing will be in English and French, or partly in English and partly in French; and

  • (b) file the record, 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 that shall set out concise 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, without delay after an order is made under subrule (2), send a copy of the order to the tribunal.

• (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) [Repealed, SOR/2021-149, s. 8]