1. false representation;
2. fraud; or
3. knowingly concealed material circumstances.

The procedure for revocation of citizenship has changed significantly following Hassouna, a 2017 case which challenged the administrative process of citizenship revocation introduced in 2014. Bill C-6, which received Royal Assent in June 2017, amended the Citizenship Act to require that the Minister must provide written notice (with the reasons and grounds for revocation) and allow the person 60 days to

“make written representations with respect to the matters set out in the notice, including any considerations respecting his or her personal circumstances – such as the best interests of a child directly affected – that warrant special relief in light of all the circumstances of the case and whether the decision will render the person stateless”.

The person may also “request that the case be decided by the Minister” instead of by the Federal Court, which is the default decision maker. Should the Minister decide to proceed with the citizenship revocation process after reviewing the person’s written representations, an application must be filed in the Federal Court seeking a declaration “that the person has obtained, retained, renounced or resumed his or her citizenship by false representation or fraud or by knowingly concealing material circumstances”. If the Court makes such a declaration, the citizenship (or renunciation of citizenship) is revoked.

It is important to note that depending on the facts of a case, the effect of the Court’s declaration (i.e. whether the person becomes a permanent resident or a foreign national) and the revocation process differ. For example, if the person is suspected of being inadmissible on grounds of security, the Minister of Public Safety and Emergency Preparedness may also become a party to the Federal Court application and the person may face removal in the event that the Ministers succeed before the Court.

(Sources)

The post The Revocation of Citizenship first appeared on Bellissimo Law Group.

The upcoming changes that are expected to take effect later this fall include reducing the time permanent residents must be physically present in Canada to three out of five years (instead of four out of six years), before applying for citizenship; amending the age range for people to meet the language and knowledge requirements for citizenship from 14-64 years to 18-54 years; and counting some of the time applicants spend in Canada as temporary residents or protected persons toward their physical presence requirements for citizenship.

For more information on Canadian Citizenship, please click here.

(Sources)

The post Citizenship Bill C-6 Received Royal Assent first appeared on Bellissimo Law Group.