Reference no: EM133311393
Question 1.
Sharmila has hired counsel after receiving a negative determination at from the RAD in Toronto. How long does Sharmila's counsel have to file an Application for Leave and for Judicial Review form with the Federal Court and serve a certified copy on the respondent?
Within 60 days of notification of the decision
Within 40 days of notification of the decision
Within 30 days of notification of the decision
Within 15 days of notification of the decision
Question 2.
Sharmila receives notification that her leave to appeal to Federal Court has been granted. What items can she expect to see in the judge's order for leave:
Finding that the RAD acted beyond its jurisdiction
Finding that the RAD based its decision on an erroneous finding of fact that it made in a perverse or capricious manner or without regard for the material before it.
Finding that the RAD erred in law
The place, language, and date for hearing of the judicial review application.
Question 3.
You are tasked to represent Joshua Atieno before the IAD and must file documentary evidence. You are familiar with the decision maker and have direct access to her email as you have socialized many times over the years at professional networking events. Who should the documents be submitted to:
Directly to the decision maker as long as the same is filed with the registrar and counsel for the minister.
Documentary evidence must be sent directly to the registry and to the minister's counsel
Documentary evidence must be sent to the minister's counsel
Documentary evidence must be sent directly to the decision maker, counsel for the minister, and to any other person that is involved in the appeal or their counsel.
Question 4.
You are ready to schedule a hearing in the IAD on behalf of Joshua Atieno. When can you schedule a hearing on behalf of Joshua Atieno?
Appeals are scheduled when the appeal record is perfected
The tribunal will automatically fix a date on their calendar
Once you have been noted by the tribunal as counsel of choice
Once your leave for appeal has been granted by the federal court