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Passport Refusals

Are you a Citizen of Canada?

Have you been refused a Canadian passport?

Has your passport been revoked, suspended or cancelled?

At Prestige Law we can help!

The authority of the Passport Program is to issue secure Canadian passports to citizens through identity verification and entitlement determination, facilitating travel, and contributing to national and international security. The Minister of IRCC have the authority to issue, refuse to issue, revoke, suspend or cancel an existing passport, recover and monitor the use of passports.

Passport Refusal

The Minister of IRCC may refuse to issue a passport to a person for a number of reasons. Some of them include findings that the applicant:

  • Is not a Canadian citizen.
  • Provides false or misleading information or has not provided all required information during the passport application process.
  • Facilitated the use of a passport by a person other than its bearer.
  • Fails to provide a duly completed application, or the required or requested information.
  • Has been convicted of a passport offence committed in or outside Canada.

Passport Suspension

The Minister of IRCC may refuse to issue, suspend a passport or deny passport services to an person who has failed to pay child support or alimony and thus can be subject to the Family Orders and Agreements Enforcement Assistant Act. 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 may be returned to the bearer.

Passport Cancellation

Passports can be cancelled in certain circumstances. When a passport is cancelled, law enforcement and border services officials are notified of the cancellation and the passport is no longer valid for travel. The Minister of IRCC may cancel a passport, and in some situations without notice, to a person on the following grounds:

  • If a person is deceased.
  • If a person was advised to return the passport under section 11 of the Canadian Passport Order but has failed to do so.
  • If a person is no longer in possession of the passport.
  • Reasonable grounds exist to suspect that cancellation is necessary to prevent the commission of an offence in relation to sexual offences against children outside Canada.
  • There are reasonable grounds to suspect that the decision is necessary to prevent the commission of a terrorism offence or for the national security of Canada or a foreign country or state.

Passport Revocation

When a passport is revoked, the bearer is instructed to return the passport. Law enforcement and border services officials are notified of the revocation and the passport is no longer valid for travel. The Minister of IRCC 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 holder permits another person to use their passport.
  • Has obtained the passport by means of false or misleading information.
  • The passport is used in, or to assist with, the commission of an indictable offence either in or outside Canada.

Return of a passport

Canadian passports are the property of the Government of Canada. If a person is requested to return a passport, the passport must be provided to the Passport Program without delay. Failure to comply with the order may be subject to investigation and prosecution, under the Criminal Code, by the police for theft and illegal possession of Government of Canada property.

Investigation Process

An administrative investigation is initiated, if it is believed that there are reasonable grounds to refuse to issue, cancel, suspend or revoke a passport. During such investigation, the Passport Program provides, the person, a summary of the information relevant to the investigation along with the opportunity to respond.

At the conclusion of an investigation, the Passport Program renders a written decision. Refusal, cancelation, suspension, or revocation decisions made by the Passport Program are considered final as of the date the decision is rendered. A person who chooses to challenge a decision may do so by filing an application for judicial review before the Federal Court of Canada within 30 days of the date of the decision.

The Minister of IRCC may consider issuing, in special circumstances, a limited-validity travel document (LVTD) to the applicant under investigation or a period of refusal of passport services.

Final Decisions

Following assessment of the investigation, a final decision is rendered. Where the investigation does not support proceeding with refusal, revocation or cancellation, the applicant will be informed that their passport entitlements have been reinstated. However, where the investigation supports action, the file is sent to a decision-making authority for a final decision. The decision maker may then decide to:

  • Issue or return a passport,
  • Revoke a passport,
  • Refuse to issue a passport,
  • Refuse passport services for a period of time.

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 apply for reconsideration and seek judicial review of the decision in Federal Court. We at Prestige Law have Immigration experts that deal with refusals and citizenship and immigration litigation. Contact our office for immediate assistance.