Application For Leave and For Judicial Review – Immigration and Refugee Protection Matters (section 72 of the Immigration and Refugee Protection Act
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.
It is only if the Court decides to grant leave that the case will proceed with 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.
The "leave" stage is the first step, where the Court reviews the documents about the case to determine if there are grounds to have the refusal quashed and the application reconsidered. If leave is granted, the case proceeds to the "judicial review" stage, where the Court examines the decision in depth. The application for leave and judicial review is a formal method for challenging an immigration refusal and is often the only way to challenge an unreasonable decision.
