Appealing Citizenship Application Refusals
Requirements for citizenship are provided under s. 5(1) of the Citizenship Act and include the following:
- the applicant must be over the age of eighteen
- the applicant must be a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act, and within the four years immediately preceding the date of his or her application must have accumulated at least three years of residence in Canada.
Should a Citizenship Judge determine that an application does not meet the requirements and therefore refuse the application, this refusal may be appealed to the Federal Court. The first step in the appeal process involves filing a Notice of Application to the Federal Court within 60 days of receipt of the decision from the Citizenship Judge. Please contact us today to discuss your options.
Citizenship Revocation Process
The process of citizenship revocation begins with the Minister of Citizenship, Immigration and Multiculturalism sending a Notice of Intent to Revoke Citizenship to the person concerned. Grounds for revocation are outlined in this Notice and may include that citizenship was obtained by fraud, false representation or by knowingly concealing material circumstances that may have affected eligibility for citizenship or permanent residence.
Following receipt of this Notice, the person concerned has the right to request that the matter be referred to the Federal Court for review. Should the Court find that citizenship was not obtained through one of the previously stated means, then the matter ends there. However, if the matter is not referred to the Federal Court within 30 days from receipt of the Notice or if the Court does find that citizenship was obtained by fraud, false representation or knowingly concealing material circumstances then the Minister may proceed to submit a report to the Governor in Council recommending that citizenship be revoked.
The text of this report by the Minister to the Governor in Council is disclosed to the person concerned, who is then given the opportunity to make written submissions. These submissions would be considered by the Minister and attached to the final report provided to the Governor in Council, who must then determine whether the revocation should be carried out. If the Governor in Council finds that citizenship should be revoked, their decision is carried out by an Order in Council. The person concerned then has the right to have the Federal Court judicially review the Governor in Council’s decision. Please contact us today to discuss your options.