Passport Refusals
Are you a Citizen of Canada?
Have you been refused a Canadian passport?
Has your passport been revoked, suspended or cancelled?
At Bellissimo Immigration Law Group PC we can help!
Both the Minister of Immigration, Refugees and
Citizenship Canada and the Minister of Public Safety and Emergency Preparedness
have the authority to refuse to issue a passport, or to revoke, suspend or
cancel an existing passport. There must be sufficient reliable information to
support the decision of either Minister.
Grounds for refusal, revocation, suspension or cancellation
Passport Refusal
The Minister of Immigration, Refugees and
Citizenship Canada and the Minister of Public Safety and Emergency Preparedness
may refuse to issue a passport to a person for a number of reasons. These
include (but are not limited to) findings that the applicant:
- is not a Canadian
citizen;
- has provided false
information during the process of applying for a passport, or has not provided
all required information (including requested information and material);
- is charged with an
indicted offence either in Canada or abroad, is imprisoned either in Canada or
abroad, or is subject to court-imposed conditions that have the effect of
preventing possession of a passport;
- has been convicted of a
passport offence under the Criminal Code
of Canada or under equivalent legislation outside of Canada;
- there are reasonable
grounds to suspect that the passport must be cancelled in order to prevent the
commission of sexual offences against children outside of Canada; or
- the Public Safety
Minister believes that the decision is necessary to prevent the commission of a
terrorism offence, pursuant to s. 2 of the Criminal
of Canada, or for reasons of national of Canada or a foreign country or
state.
Note that intent must not be established in
order to support a decision to refuse a passport.
Passport
Suspension
The Minister of Immigration, Refugees and
Citizenship Canada may refuse passport services to a passport bearer who has
failed to pay child support or alimony and thus can be subject to the Family Orders and Agreements Enforcement
Assistant Act. Intent need not be established when deciding to refuse
passport services. Where a passport has been suspended it must be returned to
the Passport Program. If it is not returned, then it will be cancelled. If the
suspension ends before passport expiry, it is returned to the bearer.
Passport
Cancellation
The Minister of Immigration, Refugees and
Citizenship Canada and the Minister of Public Safety and Emergency Preparedness
may cancel a passport to a person on the following grounds:
- the passport holder is
deceased;
- a request to return the
passport was issued pursuant to s. 11 of the Order but the passport holder has
failed to do so;
- there are reasonable
grounds to suspect that the passport must be cancelled in order to prevent the
commission of sexual offences against children outside of Canada; or
- the Public Safety
Minister believes that the decision is necessary to prevent the commission of a
terrorism offence, pursuant to s. 2 of the Criminal
of Canada, or for reasons of national of Canada or a foreign country or state.
Note that the cancellation of the passport
renders it invalid for travel. Following cancellation, officials assess whether
there are grounds to revoke the passport. Where insufficient grounds exist to
revoke, a new passport will be issued with the same expiry date as the
cancelled passport.
Passport
Revocation
The Minister of Immigration, Refugees and
Citizenship Canada and the Minister of Public Safety and Emergency Preparedness
may revoke a passport to a person for a number of reasons, including the following:
- the passport holder is no
longer a Canadian citizen;
- the passport was obtained
through the provision of false or misleading information;
- the passport is used in,
or to assist with, the commission of an indictable offence either in Canada or
a similar offence outside of Canada;
- the passport was used by
an individual other than the passport holder with their permission; or
- the Public Safety
Minister believes that the decision is necessary to prevent the commission of a
terrorism offence, pursuant to s. 2 of the Criminal
of Canada, or for reasons of national of Canada or a foreign country or
state.
Note that intent must not be established in
order to support a decision to revoke a passport.
Investigation Process
Investigations are usually divided into two
categories (category one and two) based on the types of incidents being
investigated. The process remains the same for each category, however. Investigations
that could result in refusal, revocation, suspension or cancellation of a
passport are concerned with fact finding. Material gathered in assessing
whether to refuse or revoke a passport is weighed on a balance of
probabilities. Persons subject to these investigations must be informed in
writing of the material facts and information available, as well as the
procedure governing investigations and applicable sections of the Order. Persons should be provided with
the opportunity to respond to this information within a specified time frame
given in the investigation letter. The decision to refuse or revoke may be
accompanied by an ineligibility period determined by the decision maker,
lasting up to 10 years.
Final Decisions
Following assessment of this response (if
provided) a final decision is rendered. Where the investigation does not support
proceeding with refusal, revocation or cancellation, the subject will be
informed that their passport entitlements have been reinstated. Where the
investigation supports action, the file is sent to a decision making for a
final decision. The decision maker may then decide to: 1) issue or return a
passport; 2) revoke a passport; 3) refuse to issue a passport; or 4) refuse
passport services for a period of time.
What can be done?
In the event that you have been refused issue of a passport, your passport is revoked and/or you have been refused passport services, you may seek leave and judicial review of the decision in Federal Court. Here at Bellissimo Immigration Law Group PC we pride ourselves on being one of the leading law firms that deal with refusals and citizenship and immigration litigation.
Individuals whose passports have been cancelled by a decision of the Minister of Public Safety and Emergency Preparedness may apply for reconsideration of the cancellation to the Passport Cancellation Reconsideration Office. This application must be made within 30 days of the date that the cancellation was communicated to the subject. Following submission of the application, subjects will be provided with reasons for the cancellation. The subject may thereafter provide information in support of the application for reconsideration. The Minister will review this application and render a decision. Where the cancellation is maintained, this decision may be challenged at the Federal Court of Canada.
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What Our Clients Say
Kanagasabapathy Vijay Kumar
It's been a very good experience working with Bellissimo Immigration Law Group PC. The wealth of experience and professionalism they bring to the table is fantastic. Their professional approach, meticulous planning, their relentless push to get everything they want to compile a flawless submission document was amazing. Overall, they work very hard to get positive results and I am impressed with their services.
Our special thanks to Ms Keely Anderson and Ms Alexandra Goncharova for their efforts and due diligence in pulling together a compelling submission in support of my husband’s rehabilitation application due to criminal inadmissibility. This was a complex case, refused once because of incompleteness and lack of transparency then put on hold for 2 years due to the covid pandemic. We subsequently reapplied with BLG upon the advice that they were the best. It was a long journey and they don’t come cheap but the result speaks for itself. We were invited to meet with the Reviewing Officer in IRCC London who said the application was so well documented that no questions remained and we were granted approval then and there. It’s been a 5-year journey but the freedom one feels to be able to travel back and forth with my husband to Canada cannot be underestimated. We are now free to apply for my husband’s permanent residency for which we will always be grateful to BLG for making it possible. Thank you.
I was immigrating from the United States to Canada. Whole process went very smooth. Viola Gniadek provided me with very clear Instructions and was there any time I had a question to help me through the process. She deserves more than 5 stars! I would recommend this firm to anyone interested in immigrating.
My wife and I worked with Bellissimo Law Group on a very complex spousal sponsorship application. Our relationship started long-distance and lasted three years before we got married, without having met in person. This raised several red flags in the immigration process. From the beginning, we knew we were facing a difficult case that needed serious legal guidance. After doing thorough research, Bellissimo stood out for their experience with complicated immigration cases, and they lived up to that reputation.
Our consultant and main point of contact was Viola Gniadek. She was professional, honest, and very precise. She responded to our concerns whenever something about the case worried us and was always flexible with us in terms of availability. I remember it was during a weekend and she was still double-checking and completing our forms as we had a submission deadline on Monday. You will be lucky to have her handle your case. The firm took time to understand the complexity of our case and worked closely with us over several months to prepare over 300 pages of documentation. What I appreciated most was how careful they were with every word submitted. In immigration law, even one unnecessary detail can be used against you, and Bellissimo knew how to manage that risk with skill and strategy.
With their guidance, we submitted a Temporary Resident Visa (TRV) application, even though they had warned us clearly that, due to the circumstances and the country involved, there was a high chance of refusal. But they also had a plan in place from the start to appeal it if that happened. The TRV was refused, as expected, but we followed through on the appeal. IRCC later offered us a settlement, and our application was reopened. We were given a second chance, and even without much new documentation, the TRV was approved within 15 days of reopening. That moment changed everything.
Thanks to that approval, my wife and I have been together in Canada since March 20. Her spousal sponsorship application was finalized and approved shortly after, but had we not pursued and won the TRV appeal, we would likely still be separated due to delays with passport stamping and processing. That TRV win was a turning point not just legally, but personally.
Later, we were invited for a spousal sponsorship interview, which showed that the officer remained skeptical of our case. Bellissimo helped us prepare thoroughly for the interview, which was a separate legal process with additional fees. But the preparation paid off. After seeing how our TRV refusal had been overturned and how well our case had been built, it would have been very difficult for an officer to justify a refusal at that point. It was clear to them that we were not only committed but had the legal backing to defend ourselves through every stage of the system.
One important thing I want to stress is that just because you can apply on your own does not mean you always should. I have seen people succeed without a lawyer, and I have seen many people fail and remain stuck in the system for years due to refusals or misrepresentation. Legal support is expensive, yes, but you need to consider what is truly at stake. Your future, your time, your peace of mind, and your chance to be with the person you love, these are far more valuable than saving a bit of money upfront.
Also, do not assume that a cheaper option means better value. It might cost less, but if they do not understand the complexity of your case or submit something careless, it could cost you far more in the long run. This is your life. Do not cheap out.
If your case is complicated like ours, Bellissimo Law Group is absolutely worth it. They do not make empty promises. They know exactly what they are doing. I am deeply grateful for their work and recommend them without hesitation. Thank you, Mr. Bellissimo and the entire team.
I recently had the pleasure of working with Bellissimo Law Group to resolve a misrepresentation issue on my permanent residency application, and I cannot recommend them highly enough. From the very beginning, their team was incredibly responsive and attentive, making sure I was informed and comfortable with every step of the process.
Their expertise and dedication were evident throughout my case. They meticulously reviewed all the details, provided clear and professional advice, and guided me through the complex legal landscape with ease. Their support was unwavering, and they always made themselves available to answer any questions or concerns I had.
Thanks to Bellissimo Law Group, my permanent residency application was successfully resolved, and I am now a proud resident of Canada. If you are looking for a law firm that truly cares about their clients and delivers outstanding results, look no further than Bellissimo Law Group.
I highly recommended Bellissimo Law Group for both legal and the process of application for immigration. The team handled my 2 cases brilliantly. They are very knowledgeable and the work and service are outstanding and very professionally done. Viola Gniadek, Christopher Colette and Punya Bagga handled my first case for my nephews and Michelle Boeriu on the second case for my brother. These two cases have been approved. Thank you with all my heart for the job well done. I really appreciate your valuable work and services. I would like to express my deepest gratitude to the team and Belllissimo Law Group.
I scheduled a consultation with Bellissimo Immigration Law Group and was incredibly pleased with how helpful they were. Not one, but two lawyers were on the call to advise me, and they took the time to look into all possible immigration options for me and my family. I had done a lot of research prior to speaking with them, but that consultation made me realize how difficult the process would be without a law firm that keeps up with the frequent policy changes. They offered invaluable advice and I will definitely hire them to create my profile when I have everything together.
Lijing was very knowledgeable and answered all of my questions in great detail. I highly recommend Bellissimo for immigration issues!
Thank you Belissimo Law Group for helping my husband and I navigate through his PR application. It’s difficult to know who to trust, especially with matters as sensitive and complex as immigration but I am so happy that I made the choice and chose BLG. They not only have an incredible comprehension of immigration law but also a great deal of compassion and consideration for their clients. I truly enjoyed working with them and I feel grateful that there are people out there working hard to make a positive impact on someone else’s life like they did with mine. Thank you again BLG, I would recommend your services to anyone in the same or similar situations!
On a side note, for people out there who are thinking about hiring an immigration consultant, please talk to a law firm first. Some consultants charge the same or more for their services without needing to have a good comprehension of immigration laws.
