Court File Number: IMM - - 18

FEDERAL COURT

BETWEEN: name of employer

Applicant

and

THE MINISTER OF EMPLOYMENT AND SOCIAL DEVELOPMENT

Respondent

APPLICATION FOR LEAVE and for JUDICIAL REVIEW

TO THE RESPONDENT:

AN APPLICATION FOR LEAVE TO COMMENCE AN APPLICATION FOR JUDICIAL

REVIEW UNDER S. 72(1) OF THE IMMIGRATION AND REFUGEE PROTECTION ACT has
been commenced by the Applicant.

UNLESS A JUDGE OTHERWISE DIRECTS, THIS APPLICATION FOR LEAVE will be

disposed of without personal appearance by the parties, in accordance with paragraph 72(2)(d) of
the Immigration and Refugee Protection Act.

IF YOU WISH TO OPPOSE THIS APPLICATION FOR LEAVE, you or a solicitor authorized to
practice in Canada and acting for you must immediately prepare a Notice of Appearance in Form
IR-2 prescribed by the Federal Court Immigration and Refugee Protection Rules, serve it
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On the tribunal and the Applicant’s solicitor or, where the Applicant does not have a solicitor, serve
it on the Applicant, with proof after service, at the Registry, within 10 days of service of this
application for leave.

IF YOU FAIL TO DO SO, the Court may nevertheless dispose of this application for leave and, if
leave is granted, the subsequent application for judicial review without further notice to you.

Note: Copies of the relevant Rules of the Court, information on the local office of the Court and
other necessary information may be obtained from any local office of the Federal Court or the
Registry of the trial division in Ottawa, telephone: (613) 992-4238.

The applicant seeks leave of the Court to commence an application of judicial review in respect of
the failure of an unidentified Visa Officer to determine the application for a Labour Market Impact
Assessment in file # ………… in an application arising inside Canada.

The Applicant has not received a decision.

The Applicant has not received written reason from the tribunal.

The address of the Respondent in the present matter is: Temporary Foreign Worker Program,
Service Canada LMIA Processing Centre, P.O. Box 2270, Station Main, Vancouver BC V6B 3W2.
The telephone number of the Respondent is: (800) 367-5693. The fax number of the Respondent
is: (604) 666-8920.

In the event that leave is granted, the Applicant seeks the following relief by way of judicial review:

1. An order of mandamus directing the Respondent to properly determine the application for a
Labour Market Impact Assessment in file ………….

2. An order directing the Respondent to properly determine the Applicant’s application for a
Labour Market Impact Assessment in file ………… in accordance with the law as it stood on
November 20th, 2018 and the directions of this Honorable Court;

3. Such other relief as this Honorable Court may deem just.

In the event that leave is granted, the application for judicial review is to be based on the following
grounds:
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The Respondent, in failing to determine the Applicant’s application for a Labour Market Impact
Assessment in file #............. has:

1. acted without jurisdiction or refused its jurisdiction;

2. failed to observe a principle of natural justice, procedural fairness or other procedure that it
was required by law to observe;

3. acted in any other way that was contrary to law.

In the event that leave is granted, the Applicant proposes that the application for judicial review
be heard at Vancouver, in the English language.

Service of Documents: The Applicant accepts service of documents at all times by e-mail at:
…………….. The fax machine for the Applicant operates during regular Vancouver business
hours, Monday to Friday, 8:15 AM to 8:00 PM Pacific time.

November 20th, 2018

____________________________________
APPLICANT

………….
Employer
……addresss
City British Columbia
V4W 2R1

Telephone: (604)
Fax: (604)
E-Mail:

To: Solicitor for the Respondent

Deputy Attorney General of Canada
900 – 840 Howe Street
Vancouver, British Columbia
V6Z 2S9

Telephone: (604) 666-0779

Fax: (604) 666-2639