Judicial Review (Immigration) Practice Guide, continued


Immigration Practice Guide, part 1

SCHEDULE
Form IR-1 (Rules 5 and 6)

Court File No.

FEDERAL COURT
Between:
[Insert full name of party or the Minister responsible for the administration of the Immigration and Refugee Protection Act in respect of the matter for which leave is sought]
Applicant(s)
and

[The Minister responsible for the administration of the Immigration and Refugee Protection Act in respect of the matter for which leave is sought or full name of other party if the Minister is the Applicant]

Respondent(s)
APPLICATION FOR LEAVE
and for JUDICIAL REVIEW

TO THE RESPONDENT(S)

                AN APPLICATION FOR LEAVE TO COMMENCE AN APPLICATION FOR JUDICIAL REVIEW UNDER SUBSECTION 72(1) OF THE IMMIGRATION AND REFUGEE PROTECTION ACT has been commenced by the applicant.

                UNLESS A JUDGE OTHERWISE DIRECTS, THIS APPLICATION FOR LEAVE will be disposed of without personal appearance by the parties, in accordance with paragraph 72(2)(d) of the Immigration and Refugee Protection Act.

                IF YOU WISH TO OPPOSE THIS APPLICATION FOR LEAVE, you or a solicitor authorized to practice in Canada and acting for you must immediately prepare a Notice of Appearance in Form IR-2 prescribed by the Federal Courts Immigration and Refugee Protection Rules, serve it on the tribunal and the applicant's solicitor or, if the applicant does not have a solicitor, serve it on the applicant, and file it, with proof after service, at the Registry, within 10 days after the  service of this application for leave.

                IF YOU FAIL TO DO SO, the Court may nevertheless dispose of this application for leave and, if the leave is granted, of the subsequent application for judicial review without further notice to you.

Note:  Copies of the relevant Rules of Court, information on the local office of the Court and other necessary information may be obtained from any local office of the Federal Court or the Registry in Ottawa, telephone: (613) 992-4238.

The applicant seeks leave of the Court to commence an application for judicial review of:

                (Set out the date and the details of the matter — the decision, determination or order made, measure taken  or question raised —  in respect of which a judicial review is sought and the date on which the applicant was notified or otherwise became aware of the matter.)

                (Set out the name, address and telephone number of the tribunal and, if the tribunal was composed of more than one person, the name of each person who was on the tribunal.)

                (Set out the tribunal's file number(s), if applicable.)

(Add the following paragraph if applicable.)

[The applicant further applies to the Court to allow an extension of time under paragraph 72(2)(c) of the Immigration and Refugee Protection Act on the following grounds:
(Set out the grounds for the request for the extension of time to file the application for leave.)]

In the event that the leave is granted, the applicant seeks the following relief by way of judicial review:

(Set out the precise relief sought should leave be granted, including any statutory provision or rule relied on.)

In the event that the leave is granted, the application for judicial review is to be based on the following grounds:

(Set out the grounds to be argued, including a reference to any statutory provision or rule to be relied on.)

The applicant has (has not) received written reasons from the tribunal.

In the event that the leave is granted, the applicant proposes that the application for judicial review be heard at ............., in the (English and/or French) language.

            (Signature of Solicitor/Applicant)
                                                                                  Name of Solicitor/Applicant
Address
Telephone Number

TO:  (Name(s) and address(es) of respondent(s))
SOR/2002-232, s. 12; DORS/2005-339, art. 6    


FORM IR-2 (Rule 8)

Registry No.

FEDERAL COURT

Between:

Applicant(s)

and

Respondent(s)

NOTICE OF APPEARANCE

                The RESPONDENT(s) (name(s)) intend(s) to respond to this application for leave.

                The tribunal's file number(s), as set out in the application for leave is (are):

(Date)                                                                                   

(Name, address and telephone number
of respondent's solicitor, or
respondent if acting in person)

TO:  (Name and address of applicant's solicitor, or applicant if acting in    person)

AND TO:  (Name and address of tribunal)   
SOR/2002-232, s. 15; DORS/2005-339, art. 6.

FORM IR-3 (Rule 9)
Court File No.
FEDERAL COURT
Between:
Applicant(s)
and
Respondent(s)
REQUEST TO TRIBUNAL

TO:  (Name and Address of tribunal)

RE:  (Set out the complete particulars of the matter — decision, determination or order made, measure taken or question raised — as they appear in the application, with the tribunal's file number(s), if any.)

DATE:

In an application filed on ......................, 20..., the applicant set out that he/she had not received written reasons for the above-captioned matter.

Pursuant to Rule 9 of the Federal Courts Immigration and Refugee Protection Rules, you are hereby requested, without delay, to

(a) send a copy of the matter — the decision, determination or order made, measure taken  or question raised —   and 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 written notice to all the parties and the Registry indicating either that no reasons were given for the matter — decision, determination or order made, measure taken or question raised — in respect of which the application is made, or that reasons were given but not recorded.
(Signature of Registry Officer)
Name of Registry Officer
                                                            Telephone number 
SOR/2002-232, s. 13; SOR/2005-339, s. 6.

FORM IR-4 (Rule 20)
Court File No.
FEDERAL COURT OF APPEAL

Between:

Appellant

(Applicant (Respondent) in the Federal Court)

and

 

(name)

Respondent

 

(Applicant (Respondent) in the Federal Court)

 

NOTICE OF APPEAL

                THE APPELLANT (name) appeals from the judgment of the Honourable (name of judge) of the Federal Court, delivered on (date).

                Pursuant to paragraph 74(d) of the Immigration and Refugee Protection Act, the learned Federal Court Judge certified that the following serious question(s) of general importance was (were) involved:

                (Set out question(s) certified by Federal Court Judge.)
               
                The appellant seeks the following relief on the determination of the question(s) under section 52 of the Federal Courts Act:

(Set out the relief sought, with reference to the specific provisions in section 52 of the Federal Courts Act relied on.)

                The appellant requests that this appeal be heard at  ............(place), in the (English and/or French) language.

                Dated at ............., this......day of................, 20...

(Name, address and telephone number
of appellant's solicitor)

TO:         (Name and address of respondent's
solicitor or respondent if acting
in person)                             

SOR/98-235, ss. 6, 7(F), 8(F); SOR/2002-232, s. 13; SOR/2005-339, s. 6.


FEDERAL COURT

NOTICE TO THE PARTIES AND THE
PROFESSION
18 APRIL 2006

Re:          Requests for Consent Orders on Applications for Judicial Review in the Federal Court under the Immigration and Refugee Protection Act

The Federal Court has continued the following practice in respect of requests for consent orders to dispose of applications for judicial review under the Immigration and Refugee Protection Act:

General

Counsel are expected to notify the Federal Court Registry promptly of any proposed request for a consent order.

All requests for consent orders shall be made to the Federal Court by notice of motion in accordance with the Federal Courts Rules.  Judges may expect that the motion record disclose the substantive reasons underlying the consent order. Counsel should include in the motion record a consent duly executed by counsel for the parties together with a draft order. Where a hearing date has been fixed, the draft order should also include a request that the hearing date be vacated and the motion record should be accompanied by a letter to the Registry highlighting the date and location of the hearing.

Generally, the Federal Court will dispose of an application for judicial review in accordance with the draft order and consent without the necessity of an appearance; however, if a judge is of the view that the consent should be further justified, counsel will be notified and given an opportunity to do so.

Absent exceptional circumstances, requests should be made in advance of the scheduled hearing date, and the following procedures should be followed:

Counsel should submit the draft order and consent to the Federal Court Registry, which will refer it to the judge assigned to preside at the hearing of the application for judicial review or the duty judge. 

If the judge is of the opinion that the consent should be further justified, the judge will direct the Federal Court Registry to notify counsel of the time and manner in which the justification should be given.

If the judge is of the opinion that it is inappropriate to issue an order based on the consent, that judge will hear and determine the application for judicial review on its merits as scheduled or after granting a reasonable adjournment, if required.

If counsel are unable to submit a draft order and signed consent in advance of the scheduled hearing date, the following procedures should be followed:

Both counsel should appear at the hearing and be prepared to respond to any questions or concerns which the presiding judge may have about the order requested.

If the presiding judge is of the opinion that it is inappropriate to issue an order based on the consent and the oral representations of counsel, that judge will hear and determine the application for judicial review on its merits after granting a reasonable adjournment, where appropriate.

Allan Lutfy, Chief Justice of the Federal Court
Ottawa, April 18, 2006

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Date Modified: 2015-09-09