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Complete Guide to Filing Form IR-1 for Judicial Review in Federal Courts

Before filing your application for leave and for judicial review, have you:

1. Use the Proper Form (Form IR-1)

Start by using Form IR-1, which is found in the Federal Courts Citizenship, Immigration, and Refugee Protection Rules. This form is essential for your application to be considered valid.

2. Indicate the Full Name of the Parties

Clearly state the full names of all parties involved in the application. This ensures there is no ambiguity about who is involved in the judicial review process.

3. Provide the Date and Details of the Decision

Your application must be limited to one decision. Provide the date and details of the decision or matter to be reviewed. This includes a concise summary of the decision and its implications.

4. Name the Tribunal and Decision-Maker

Indicate the name of the tribunal and the person(s) who made the decision. Include the tribunal’s file number for reference.

5. Mention Notification Date and Written Reasons

State the date on which you were notified or became aware of the decision. Mention whether you received written reasons from the tribunal, as this can be crucial for your case.

6. Describe the Relief Requested and Grounds

Clearly describe the precise relief you are requesting and the grounds on which you are arguing. This section should be detailed and well-supported by facts and legal arguments.

7. Indicate Hearing Details

If leave is granted, indicate the place and language for the hearing of the judicial review. This helps in scheduling and logistical arrangements.

8. Provide Address for Service in Canada

Include your address for service in Canada. This is where all official documents and communications will be sent.

9. Prepare Electronic Copies for Certification

Prepare electronic copies of your application for certification by the registry. The Department of Justice will require electronic copies for service on the respondent(s).

10. Determine Addresses for Personal Service

Identify the addresses for personal service of the respondent(s). This ensures that all parties receive the necessary documents in a timely manner.

11. Provide the Required Filing Fee

Include the required filing fee of $50 with your application. This fee is mandatory for processing your application. Payment link will be sent by registry officer once they receive your Application and approve its contents, formatting etc. 

12. Request for Extension of Time

If the time limit of 15 or 60 days under section 72 of the Immigration and Refugee Protection Act has expired, include a request for an extension of time.

13. Date and Sign the Application

Finally, ensure that the Application for leave and for judicial review is dated and signed. This formalizes your application and makes it legally binding.

Conclusion

Preparing an e-filing application for judicial review is a detailed process that requires careful attention to each step. By following this guide, you can ensure that your application is complete and meets all necessary requirements. However, navigating the complexities of legal procedures can be challenging. If you need further assistance or have any questions, don’t hesitate to seek professional help.

For expert guidance and support, contact us at info@canadajr.com We’re here to help you every step of the way.