Application for Leave and Judicial Review (Immigration) (FC)

Summary

This precedent is an Application for leave to commence an application for judicial review under s. 72(1) of the Immigration and Refugee Protection Act, S.C. 2001, c.27 ("IRPA"), which has been commenced by the applicant in Federal Court. The Application is in accordance with Application for Leave and for Judicial Review (Form IR-1) and includes practical guidance, drafting notes and optional clauses. Section 72 of the IRPA allows an applicant to seek leave from the Court to commence the Application with respect to "any matter — a decision, determination or order made, a measure taken, or a question raised —under this Act". The Federal Courts Act, R.S.C.1985, c. F-7 ("FCA"),the Federal Courts Citizenship, Immigration and Refugee Protection Rules, SOR/93-22 ("FCCIRPR") and the Federal Court Rules, SOR/98-106 ("FCR") govern the practice and procedure in relation to the Application. The grounds for judicial review are listed in ss. 18.1(4)(a)–(f) of the FCA. To succeed in the Application, ...