When is the deadline for application for leave and judicial review under irpa - matter arising in canada?
The catalogue records a 15 days period from The day on which the applicant is notified of or otherwise becomes aware of the matter. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 15 days
- Trigger
- The day on which the applicant is notified of or otherwise becomes aware of the matter
- Counting
- The encoded calculator method must be independently documented before publication.
- Rollovers and holidays
- Holiday, closure and order treatment must be independently documented before publication.
This route remains in preparation until a pinpoint official source is recorded.
- Extendable only on the statutory test: "a judge of the Court may, for special reasons, allow an extended time for filing and serving the application or notice" (s 72(2)(c)). The request must be made IN the application for leave itself and is determined at the same time and on the same materials as the leave application (Federal Courts Citizenship, Immigration and Refugee Protection Rules, SOR/93-22, r 6). No time limit prescribed by those Rules may be varied except by order of a judge or associate judge (r 21(2)).
- Fifteen days, not the 30 days of Federal Courts Act s 18.1(2), which does not apply to IRPA matters. Leave of the Court is required before an application for judicial review may proceed at all (s 72(1)). The application may not be made until any right of appeal under the Act is exhausted (s 72(2)(a)). No appeal lies from the decision on leave or from an interlocutory judgment (s 72(2)(e)). Section 72 read in full on verification.