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Canadian Immigration Blog

Applicants Succeed in Challenge of New Citizenship Revocation Process!

May 10, 2017
iStock_000015701025Medium-150x150 Mario Bellissimo

Applicants are successful in their challenge of the new citizenship revocation process, relevant citizenship provisions deemed inoperative.   The conclusion of the decision reads as follows:

[194] I find that a proceeding was not pending before the Federal Court by virtue of the mere request, on the part of the Applicants, to have the matter refened to this Court for adjudication under the previous scheme. Therefore, the notices issued to Mr. Hassouna, Mr. Madanat, and Ms. Situ under the Former Act were cancelled pursuant to subsection 40(4) of the SCCA.

[195] In light of the above, I am of the view that the impugned provisions of the Citizenship Act violate section 2( e) of the Bill of Rights. The Applicants should be afforded (1) an oral hearing\ before a Court, or before an independent administrative tribunal, where there is a serious issue of credibility; (2) a fair opportunity to state the case and know the case to be met; (3) the right to an impartial and independent decision-maker; and (4) an opportunity to have their special circumstances considered when such circumstances exist. I am finally of the view that the conflict between the impugned provisions and the Bill of Rights cannot be avoided by interpretation and consequentially, I will declare the impugned provisions inoperative.

[196] However, I do not find that the impugned provisions violate either section 7 or section 12 of the Charter.

We would like to congratulate our co-counsel on their efforts and the countless hours that contributed to this result.  We now await word from the Department of Justice as to whether the Department will pursue the matter at the Federal Court of Appeal.

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