Registry No.
FEDERAL COURT
[name of Applicant(s) – eg: Jane DOE]
Applicant(s)
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
APPLICATION FOR LEAVE AND JUDICIAL REVIEW
[name of Applicant(s) – eg: Jane DOE]
[Address]
Toronto, ON [postal code]
Tel.:[telephone number]
Applicant
Registry No.
FEDERAL COURT
[name of Applicant(s) – eg: Jane DOE]
Applicant(s)
- and-
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
APPLICATION FOR LEAVE
and for JUDICIAL REVIEW
TO THE RESPONDENT:
AN APPLICATION FOR LEAVE TO COMMENCE AN APPLICATION FOR JUDICIAL REVIEW UNDER S. 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 subsection 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 forthwith prepare a Notice of Appearance in Form IR-2 prescribed by the Federal Court Immigration Rules, 1993, serve it on the Minister's delegate and the Applicant’s solicitor or, where 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 of service of the application for leave.
IF YOU FAIL TO DO SO, the Court may nevertheless dispose of this application for leave and, if leave is granted, 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 of the Registry of the Trial Division in Toronto, telephone (416) 973-3356.
The Applicant(s) seek(s) leave of the Court to commence an application for judicial review of:
- The decision of [name of board member], Member of the Refugee Protection Division of the Immigration and Refugee Board (hereinafter “IRB”), determining that the Applicant(s) is(are) not a Convention refugee or a person in need of protection. [Board Member’s name]’s decision is dated [date of decision] and was signed by the Registrar on [date of signature of the Registrar]. The Applicant received notice of this decision on [date Applicant(s) received the decision]. Reasons for the decision have also been received by the Applicant(s).
- The office of the Immigration and Refugee Board is located at 74 Victoria Street, Suite 400, 4th Floor, Toronto, Ontario M5C 3C7 with telephone number (416) 954-1000. The Immigration and Refugee Board file number is(are) [IRB file number].
In the event that the leave is granted, theApplicant(s) seek(s) the following relief by way of judicial review:
- A writ of certiorari quashing the decision of the [name of Board Member]dated [date of decision], determining that the Applicant(s) is(are) not a Convention refugee or aperson in need of protection; and
- Such further and other relief as the Applicant(s) may request and this Court may allow.
In the event that the leave is granted, the application for judicial review is to be based on the following grounds:
1. THAT the Board Member based his/herdecision on erroneous findings of fact made in a perverse or capricious manner or without regard to the material before him/her;
2.THATthere was a denial of procedural fairness; and
2.SUCH further and other grounds as this Honourable Court may allow.
In the event that leave is granted, the Applicant(s) propose(s) that the application for judicial review be heard at Toronto, in the English language.
DATED AT TORONTOTHIS [date]DAY OF [month], [year].
______
[name of Applicant(s) – eg: Jane DOE]
[Address]
Toronto, ON [postal code]
Tel.:[telephone number]
Applicant
To:Attorney General of Canada
Department of Justice
The Exchange Tower, Suite 3400, Box 36
2 First Canadian Place
Toronto, Ontario M5X 1K6
Respondent
Registry No.
FEDERAL COURT
[name of Applicant(s) – eg: Jane DOE]
Applicant(s)
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
APPLICATION FOR LEAVE AND JUDICIAL REVIEW
[name of Applicant(s) – eg: Jane DOE]
[Address]
Toronto, ON [postal code]
Tel.:[telephone number]
Applicant