The decision-making process for citizenship officers comprises the following steps:
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Step 1 – File creation
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The Case Processing Centre in Sydney (CPC-S) mailroom clerk will perform a first mandatory Global Case Management System (GCMS) check for confirming that the applicant is not subject to revocation proceedings under section 10 or 10.1 of the Citizenship Act
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This will only take place once the Case Processing Centre in Sydney (CPC-S) receives a renunciation application under the provisions specified in subsection 9 (1) of the Citizenship Act
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If the Global Case Management System (GCMS) confirms that Citizenship and Immigration Canada (CIC) has not opened a revocation file, sent a notice referred to in subsection 10 (3) or commenced any action in the Federal Court pursuant to subsections 10.1 (1) or (2), the Case Processing Centre in Sydney (CPC-S) mailroom clerk would need to:
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Reserve the fee and,
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Refer the application to the program support agent
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Thereafter, the program support agent would need to:
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Create the case in the Global Case Management System (GCMS)
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Allocate the fee
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Initiate the security clearance and,
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Refer the file to the program support officer
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In case the Global Case Management System (GCMS) confirms that Citizenship and Immigration Canada (CIC) has opened a revocation file, but has not sent a notice referred to in subsection 10 (3) or commenced any action in the Federal Court pursuant to subsections 10.1 (1) or (2), refer to the segment titled ‘When the Authorities Refuse Renunciation Under Subsection 9 (1)’
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In case the Global Case Management System (GCMS) confirms that Citizenship and Immigration Canada (CIC) has sent a notice referred to in subsection 10 (3) or commenced any action in the Federal Court pursuant to subsections 10.1 (1) or (2), refer to the segment titled ‘The Guidelines in Case the Applicant is Subject to Subsection 9 (2.1)’
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It is worth highlighting that if a minor signs the renunciation application i.e. the applicant is under 18 years of age), the authorities cannot process the application
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In this scenario, the officers would need to return the application and proof of payment to the applicant
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In addition, they would need to send the applicant an explanation letter
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This letter would need to specify that the officers have returned the application as the provisions specified in the Citizenship Act do not permit minors to renounce Canadian citizenship
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As such, the officers would not create any case in the Global Case Management System (GCMS)
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Step 2 – The Evaluation of Information Received
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On receiving the security clearance, the citizenship officers would need to:
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Confirm that the applicant is a Canadian citizen
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Confirm that the applicant:
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Has dual citizenship
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Will become a citizen of another country if the authorities accept the renunciation application
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In this scenario, the officers would need to check that the official document issued by the appropriate foreign government includes the applicant’s name, date of birth and the date by which the applicant would need to renounce Canadian citizenship (if applicable)
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In addition, the officers would need to check that the document specifies clearly that the applicant would become a citizen of that country following the renunciation of Canadian citizenship as well
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In case required, the officers might need to request the applicant for additional documentation
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Confirm that the applicant is not the subject of a declaration by the Governor in Council made pursuant to the provisions specified in Section 20 of the Act
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Confirm that the applicant is not residing in Canada
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Confirm that there is nothing on file indicating that the applicant has a mental disability that prevents the individual from understanding the significance of renouncing citizenship and,
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Confirm that the applicant has returned the citizenship certificate along with the application and if not, then the officers would need to contact the applicant for surrendering the certificate prior to proceeding to the nest step
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Step 3 – The Requesting of Additional Information (if necessary)
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The citizenship officer would need to ensure that the applicant has provided all the necessary information and evidence necessary for the authorities to render a decision
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But, the officer has the ability to request the applicant to provide any additional information or evidence relevant to the application
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This is in accordance with the provisions specified in section 23.1 of the Citizenship Act
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It is worth mentioning that the applicant bears the entire responsibility for satisfying the decision-makers that the applicant meets all the requirements of the Citizenship Act and its regulations
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Contacting the applicant for providing additional information
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In case the applicant resides in Canada or the United States, the officers would need to send this letter by regular mail to the applicant
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In case the applicant resides outside Canada and the United States, the officers would need to contact the applicant directly via e-mail or through the nearest consular mission
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Step 4 – Making a Decision
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The citizenship officers would need to perform a final mandatory Global Case Management System (GCMS) check before making the final decision
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This check would service to confirm that Citizenship and Immigration Canada (CIC) has not opened a revocation file, sent a notice referred to in subsection 10 (3) or commenced an action in the Federal Court pursuant to subsections 10.1 (1) or (2) when it initially received the application initially
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In case the Global Case Management System (GCMS) confirms that Citizenship and Immigration Canada (CIC) has opened a revocation file, but has not sent a notice referred to in subsection 10 (3) or commenced any action in the Federal Court pursuant to subsections 10.1 (1) or (2), refer to the segment titled ‘The Guidelines to Follow when the Authorities Refuse Renunciation Under Subsection 9 (1)’
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In case the Global Case Management System (GCMS) confirms that Citizenship and Immigration Canada (CIC) has sent a notice referred to in subsection 10 (3) or commenced any action in the Federal Court pursuant to subsections 10.1 (1) or (2), refer to the segment titled ‘The Guidelines in Case the Applicant is Subject to Subsection 9 (2.2)’
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In case the citizenship officer is satisfied that the applicant meets all the requirements prescribed, the officer would need to render a positive decision without a hearing
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For more details on this, refer to the segment titled ‘The Guidelines to Follow when the Authorities Approve Renunciation Under Subsection 9 (1)’
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In some cases, the officers might conclude that Citizenship and Immigration Canada (CIC) has not initiated revocation proceedings and the applicant does not meet the prescribed requirements. In this scenario:
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Under the provisions specified in paragraph 9 (1) (a)
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The applicant would not meet the requirements for renouncing citizenship if:
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The applicant is not a citizen of a country other than Canada and,
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The applicant did not provide any evidence they aim to become citizens of a country other than Canada
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It is worth specifying that the Act does not provide any discretions for waiving this requirement
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As such, citizenship officers would need to refuse the application and send the refusal letter
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However, the officers would need to send a procedural fairness letter to the applicant, which gives the applicant the opportunity to provide submissions prior to rendering the final decision
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For more details on this, refer to the section titled ‘The Procedural Fairness Procedures’ that appears subsequently in this document
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Under the provisions specified in paragraph 9 (1) (b)
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The applicant would not meet the requirements for renouncing citizenship if the applicant is subject to a declaration by the Governor in Council made pursuant to the provisions specified in section 20 if theCitizenship Act
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It is worth specifying that the Act does not provide any discretions for waiving this requirement
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As such, citizenship officers would need to refuse the application and send the refusal letter
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However, the officers would need to send a procedural fairness letter to the applicant, which gives the applicant the opportunity to provide submissions prior to rendering the final decision
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For more details on this, refer to the section titled ‘The Procedural Fairness Procedures’ that appears subsequently in this document
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The authorities recommend that citizenship officers consult the Case Management Branch (CMB) for reviewing the case prior to sending the refusal letter
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This is especially so given that these cases are usually complex in nature
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Under the provisions specified in paragraph 9 (1) (c)
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In case the applicant is a minor, the applicant would not meet the prescribed requirements
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The Act does not provide any discretions for waiving this requirement
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As such, the citizenship officers would need to avoid processing the application
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In addition, they would need to return these applications to the minor, along with an explanation letter accompanied with the fee
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Some exceptions that would apply in these situations could take place if:
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The minor insists on a decision, in which case the officer would need to send the refusal letter
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The applicant specified a date of birth on the application indicating that the applicant is an adult but that the identity documents submitted with the application indicate that the applicant was a minor on the date of signing the application
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In this scenario, the officer would need to send a fairness letter to the applicant requesting clarification, before refusing the application and sending the refusal letter
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Under the provisions specified in paragraph 9 (1) (d)
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In some cases, the citizenship officer might have some doubts about the applicant’s medical condition
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In this scenario, the officer would need to send a procedural fairness letter to the applicant requesting for additional information
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Based on the information received (or if the applicant does not respond), the officer would need to refer the file to the Case Management Branch (CMB) or render the final decision
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Situations could arise where there is sufficient evidence on file (such as a medical report) that indicates that the applicant is unable to understand the significance of renouncing citizenship because of a mental disability, but the applicant meets all the other prescribed requirements otherwise
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In this scenario, the citizenship officer would need to refer the file to the Case Management Branch (CMB) for assessing the waiver and rendering the final decision on the application
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Under the provisions specified in paragraph 9 (1) (e)
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Similarly, situations could arise where the citizenship officer has certain doubts about the applicant’s place of residence
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In this scenario, the officers would need to send a procedural fairness letter to the applicant requesting for additional information
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Based on the information received (or if the applicant does not respond), the officer would need to refer the file to the Case Management Branch (CMB) or render the final decision
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Situations could arise where there is sufficient evidence on file that indicates that the applicant resides in Canada and meets all the other prescribed requirements otherwise
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In this scenario, the citizenship officer would need to refer the file to the Case Management Branch (CMB) for assessing the waiver and rendering the final decision on the application
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