The revocation of Canadian citizenship is a very serious matter that would have great consequences on the present and future of concerned individual. Depending on the reasons of revocation of citizenship, a person may also lose their permanent residency and removal from Canada.
There could be reasons of revocation of Canadian citizenship such as false representation or fraud or by knowingly hiding information on an immigration or citizenship application. What this means is that, if you were hiding something or untruthful on an important information that would otherwise reveal that you are at risk of losing your citizenship. For instance, if you were a permanent resident of Canada and you committed a crime overseas that was not disclosed on your citizenship application, your citizenship and permanent residency could be invoked and you may face allegations that you are inadmissible to Canada for criminality.
The process of revocation of citizenship begins with IRCC sending a Notice of Intent to Revoke Citizenship. The Notice will outline the reasons and grounds for revocation, the summary of IRCC’s case against you. If you have received this Notice, you have the right to request a review in which case the matter would be referred to the federal court within 30 days. The federal court process will begin with IRCC filing a Statement of Claim, which will set out in detail the reasons why IRCC believes that your citizenship should be revoked. You respond to this by filing a Statement of Defense. This is a highly complex process that has legal and financial implications. It is recommended that you seek experienced legal counsel to assist you if you find yourself before the Court in citizenship revocation proceedings.
The vast majority of revocation cases will be decided by the Minister; however, certain complex cases will be decided by the Federal Court. Should the federal court find that IRCC’s allegations are inaccurate and/or insupportable, then the matter ends there and your citizenship is maintained. However, if the matter is not referred to the Federal Court or if the Court finds that IRCC’s allegations are well-founded, then the Minister may proceed to submit a report to the Governor in Council recommending that citizenship be revoked.
If your citizenship is revoked but you believe you were honest on your application for permanent residence or citizenship, you can seek an appeal to challenge your refusal. If you or a family member is facing the revocation of citizenship and want to challenge this decision; legal counsel is important as this is a highly complex area of law and need to be immediately discussed with an expert from our team.
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