The Revocation of Citizenship

/ / Published in Humanitarian and Compassionate (H&C) Consideration, Immigration, Immigration Manuals

The authorities introduced new grounds for revoking citizenship based on the provisions specified in the Strengthening Canadian Citizenship Act (SCCA). This Act helped in streamlining the revocation process as well. In the past, the citizenship revocation process typically involved the following three steps:

  • The Minister

  • The Federal Court and,

  • The Governor in Council

The Governor in Council does not have a role in the new revocation process, except in some transitional cases.

The new process features two decision-making streams i.e.

  • The Minister will decide the vast majority of revocation cases and,

  • The Federal Court will decide certain complex cases

The new process came into effect on May 28, 2015. As such, the officers would continue to process the existing revocation processes based on the transitional provisions applicable.

Note:

  • The Case Management Branch (CMB) will handle all the cases considered for the revocation of citizenship

  • Local office staff will typically not have any involvement with these types of cases

  • In some cases, the local office staff might need to alert the Case Management Branch (CMB) if they gather some information regarding a case that requires investigation for possible revocation

The Grounds for Revoking Citizenship

Canadian law permits revocation in certain circumstances. For instance, the provisions specified in subsections 10 (1) and 10.1 (1) of the Citizenship Act permits the authorities to revoke a person’s citizenship or renunciation of citizenship if the person obtains, retains, renounces or resumes citizenship via:

  • Fraud

  • False representation or,

  • Concealing material circumstances knowingly

The authorities can also revoke a person’s citizenship for a person who is a dual citizen, before or after the coming into force of subsections 10 (2) and 10.1 (2). This is applicable even while the person was a Canadian citizen and if the person:

  • Was convicted of terrorism, high treason, treason or spying offences, based on the sentence received or,

  • Served as a member of an armed force of a country or as a member of an organised armed group where that particular country or group engaged in armed conflict with Canada

Revocation and Canada’s International Obligations

Article 8 of the United Nations Convention on the Reduction of Statelessness specifies that a state is not in breach of its obligations if it renders a person stateless for having obtained a status through fraud or misrepresentation.

Subsection 10.4 (1) of the Strengthening Canadian Citizenship Act (SCCA) permits the authorities to revoke a person’s citizenship if the person has dual citizenship and on the grounds of receiving a conviction for:

  • Terrorism

  • High treason

  • Treason

  • Spying offences or,

  • Being a member of armed forces or organised armed groups engaged in armed conflict with Canada

This subsection complies with Canada’s obligations under the United Nations Convention on the Reduction of Statelessness.

The Minister would typically need to have reasonable grounds for believing that the person is a citizen of another country. Only then would the Minister be able to pursue revocation of citizenship on these grounds. In addition, subsection 10.4 (2) of the Strengthening Canadian Citizenship Act (SCCA) specifies that the onus of proving that they are not citizens of another country rest with the individuals, on a balance of probabilities.

The Status of People Under Revocation Proceedings

It is worth highlighting that a person under revocation proceedings remains entitled to all the rights and privileges that come with Canadian citizenship, until the authorities revoke the citizenship. Under the new model devised by the authorities, the date the authorities revoke the person’s citizenship will be:

  • The date of the Minister’s decision to revoke citizenship or,

  • The date of the declaration by the Federal Court

Some transition cases might still require a decision from the Governor in Council. In this scenario, the authorities would typically revoke the person’s citizenship on the date of the Order in Council.

The Renunciation of Canadian Citizenship During the Revocation Process

In some cases, people might not make applications for renouncing their Canadian citizenship. This is especially so if they:

  • Received notice of the Minister’s intention of revoking their citizenship or,

  • Find that the Minister has commenced an action seeking a declaration from the Federal Court

Situations could arise where people might make renunciation applications. Thereafter, they might find that the Minister:

  • Provides them with a notice for revoking their citizenship or,

  • Commences an action for a declaration from the Federal Court

In this scenario, the officers would suspend the processing of this application until the authorities make a decision on the revocation.

Officers would need to refer to the details given in Appendix A for obtaining more details on the specific procedures that they would need to follow in such cases.

The Status of a Person Post Revocation

Situations could arise where the authorities revoke a person’s citizenship because of:

  • False representation

  • Fraud or,

  • Knowingly concealing various material circumstances during the citizenship process only i.e. lying about residing in Canada during the relevant period

In this scenario, the person becomes a permanent resident. This is in accordance with the provisions specified in subsection 46 (2) of the Immigration and Refugee Protection Act (IRPA). In such situations, the revocation of citizenship does not by itself jeopardise the right of the person to remain in Canada. However, the person would need to meet all the obligations prescribed within the Immigration and Refugee Protection Act (IRPA).

For the residency obligation in the Immigration and Refugee Protection Act (IRPA), the five-year period commences on the date on which the person became a permanent resident. In case the authorities revoke the person’s citizenship on the grounds that they became permanent residents by false representation, fraud or by knowingly concealing material circumstances, the person would revert to having a foreign national status. In some cases, it could be likely that the person was guilty of false representation, fraud or concealing material circumstances involving facts described in sections 34, 35 or 37 of the Immigration and Refugee Protection Act (IRPA). In this scenario, the Federal Court could declare the person inadmissible in some cases as well. Thereafter, the Federal Court could issue a removal order too.

Similarly, situations could arise where the person is a dual citizen. In these cases, the authorities might revoke the person’s Canadian citizenship because of convictions for:

  • Terrorism

  • High treason

  • Treason or,

  • Spying offences

In these cases, the authorities could revoke the person’s citizenship based on the sentence received. In addition, the authorities could revoke the person’s citizenship for being a member of armed forces of a country or organised armed groups engaged in armed conflict with Canada. In this scenario, the person could well become a foreign national.

Situations could arise where the person, who is a foreign national, is in Canada when the authorities revoke the person’s citizenship. In these cases, the person is in Canada without any status. As such, the authorities could report the person under the provisions specified in subsection 44 (1) of the Immigration and Refugee Protection Act (IRPA). Thereafter, this person could be subject to a removal from Canada too.

The Impact of a Revocation on Future Citizenship Applications

Situations could arise where the authorities revoke the citizenship of a person for:

  • False representation

  • Fraud or,

  • Knowingly concealing various material circumstances (including in the permanent resident process)

These individuals would need to wait for 10 years from the date of revocation before applying for citizenship again.

It is worth highlighting that people cannot apply for resumption of citizenship under the provisions specified in subsection 11 (1) if the authorities revoked their citizenship. In addition, people would need to meet all the prescribed requirements of the Citizenship Act under subsection 5 (1).

Similarly, the authorities would permanently bar certain individuals from receiving citizenship if the authorities revoke the citizenship of these individuals for convictions for:

  • Terrorism

  • High treason

  • Treason or,

  • Spying offences

In these cases, the authorities could revoke the person’s citizenship based on the sentence received. In addition, the authorities could revoke the person’s citizenship for being a member of armed forces of a country or organised armed groups engaged in armed conflict with Canada.

The Notification of Partners Following the Revocation

The Case Management Branch (CMB) typically advises the Operations Support Centre (OSC) and partners once the authorities revoke a person’s citizenship, as necessary. These partners would typically comprise:

  • The Passport Program

  • The Royal Canadian Mounted Police (RCMP) and,

  • The Canada Border Services Agency (CBSA)

The Transitional Provisions

The Strengthening Canadian Citizenship Act (SCCA) contains certain transitional provisions. These indicate that, if on the day immediately before the new provisions come into force, the Minister was entitled to make or had made a report to the Governor in Council, the officers would need to deal with and dispose of revocations based under the provisions of the former legislation. As such, Citizenship and Immigration Canada (CIC) would need to continue to proceed to the Governor in Council in cases where:

  • The Federal Court determines that the person obtained citizenship by fraud or,

  • The person did not request that the Minister refer the case to the Federal Court and the time for making such a referral has lapsed

The officers might find revocation proceedings pending before the Federal Court under the former legislation. The authorities prescribe disposing of these proceedings in accordance with those legislations. As such, in these cases, the Minister would need to prepare a report to the Governor in Council if the Federal Court determines that the person obtained citizenship on the basis of:

  • False representation

  • Fraud or,

  • Knowingly concealing various material circumstances

Thereafter, the Governor in Council would need to decide whether or not to revoke the person’s citizenship.

Some revocation proceedings might be pending before the Federal Court. This is particularly so if they concern allegations of:

  • False representation

  • Fraud or,

  • Knowingly concealing various material circumstances

If these allegations concern the facts described in sections 34, 35 or 37 of the Immigration and Refugee Protection Act(IRPA), the authorities would need to continue these proceedings under the new revocation model. Therefore, the Federal Court would be responsible for making the revocation decision. In these situations, the Minister of Public Safety and Emergency Preparedness might need to become involved.

These transitional provisions might still not be able to capture all the cases. This is even more so if the authorities provided a notice of intent for revoking the citizenship under the former legislation. In this scenario, the authorities would cancel the notice and terminate any proceedings that might arise from it. These cases will typically proceed under the new model. Hence, the Minister would need to send a Notice of Intent to Revoke Citizenship or a Notice of Intent to Seek a Declaration of the Federal Court in these cases.