This amendment seeks to repeal the provisions of the act that provide for Federal Court repeal or review only with leave of the courts, thereby making judicial review available according to the Federal Courts Act, as for any other decision under federal law.
A number of witnesses before the committee came forward and called for this change, including the Canadian Council for Refugees, the Metro Toronto Chinese and Southeast Asian Legal Clinic, the Canadian Bar Association, Legal Aid Ontario, and the individual Audrey Macklin. The goal is to remove the requirement for leave of court to obtain judicial review or the appeal of citizenship refusals at Federal Court.
The concern around having to seek leave of court is an onerous requirement by many, and that's been identified and stated by the witnesses who came forward. This amendment seeks to remedy that.