The application for leave is a “paper-based” process. There is no oral hearing. This means a Federal Court judge will only review written arguments from you and the respondent to decide if your case is strong enough for leave to be granted. The process usually takes several months. It is a two-step process.
If the judge doesn't grant leave, they won't give any reasons. And you have no right to appeal.
If the judge makes an order for leave, then the Court will give you a hearing date for oral arguments to be made, usually within 90 days.
Reviewed: September 23, 2021 Was this information helpful?Queer Refugee Hearings Program Toolkit
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