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Notice of Application

The filing of a Notice commences judicial review proceedings (the Application for Leave). The Notice of Application must be served on the Respondent (Minister of Citizenship and Immigration as one example) and then re-filed with the Court Registry after service. The Notice of Application must be filed within 15 or 60 days of the “decision” being communicated to the  applicant. The following information is required to complete the Notice of Application:

  1. The name of the Applicant;
  2. The name of the tribunal that made the decision. Some offices are reluctant to give out the name of the decision-maker and the signature on the refusal letter is often illegible;
  3. The location of the tribunal.  Exact addresses are not necessary and the address can be described as “the Canadian Embassy in China” or the “Canadian High Commission in New Delhi” for example;
  4. The date that the decision is made. This will usually be the date that the refusal letter is signed;
  5. The date that the decision was communicated to the applicant. The Federal Court Act provides that where a decision is sent by ordinary mail, it is deemed to have been received on the 10th day after it was mailed. It is important to advise clients to keep the envelopes in which the decision arrives because there can be a delay between the date that the letter of refusal was signed and the date that it was mailed;
  6. The applicant’s visa office file number;
  7. The Notice of Application must also set out the grounds upon which the Applicant is seeking to have the decision set aside.

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