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Who may represent you in Federal Court?

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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.

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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.

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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.

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The application must include:

• names of the parties

• date and details of the decision to be reviewed

• date on which the applicant was notified or became aware of the decision

• name of the tribunal and or person(s) having made the decision

• tribunal's file number (if known)

• specific relief requested by the applicant

• grounds to be argued (include relevant sections of the laws or rules)

• place and language for the hearing of the judicial review, if leave is granted

• whether written reasons from the tribunal have been received or not

• signature and contact details in Canada of the applicant (if self-represented) or those of the lawyer

• the name and contact details of any person who, for a fee or other consideration, prepared the application for leave

• if the applicant consents to the electronic service of documents, the applicant’s electronic address

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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.

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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。

Second Stage of Federal Appeal 

• The Court analyses the previously submitted documents and evidence and no new testimony is taken at this review hearing.

• After the lawyers of both sides, make their representations, the judge usually ‘reserves’ their decision. ‘Reserve’ decisions are those whose copies are sent to lawyers directly and not declared in the Court.

• In case of an unfavourable decision, you can appeal to the Federal Court of Appeal. The Department of Justice can also do the same. Rare appeal cases can even reach the Supreme Court of Canada.

Do note that the proceedings of the