ARCHIVED – Operational Bulletins 075 – December 19, 2008

This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.

Post-Taylor Appeal Decision with Bill C-37 Consideration – Instructions

This Operational Bulletin has expired.

Background

This operational bulletin replaces OB 30 – Interim Instructions on Handling Cases on Hold Pending the Taylor Appeal.

On November 2, 2007, the Federal Court of Appeal ruled on the judgment in the matter of Taylor v. Canada (Minister of Citizenship and Immigration) (2006 FC 1053). The appeal court overturned the September 1, 2006 decision by Justice Luc Martineau and supported the Government’s position. Citizenship applicants whose cases were on hold pending the appeal decision retain their non-Canadian status.

After the grant of the stay motion by the Federal Court of Appeal in September 2006, applicants who would otherwise have been refused were sent letters advising them that their applications were on hold. The letters also contained information on alternate options (such as applying for a regular grant under 5(1) of the Citizenship Act, resumption under 11(1), or a discretionary grant using the Governor in Council process under 5(4)), where applicable, and applicants were given a 90-day period to exercise the alternate options.

Subsequently, on April 17, 2008 royal assent was given to Bill C-37, A Bill to Amend the Citizenship Act, and it will be implemented on April 17, 2009. The amendments will give citizenship to certain people born outside Canada to a Canadian on or after January 1, 1947, and will restore citizenship to others who lost their citizenship under provisions of the 1947 Canadian Citizenship Act. Many of the cases that were on hold pending the Federal Court of Appeal will become citizens once this law is in effect.

Current Situation

Beginning immediately, all those whose citizenship applications were affected by the stay motion, and were on hold pending the outcome of the appeal, will be sent letters stating the reasons why they are not citizens under current legislation.

If applicable, they will be advised that, based on the information provided, it appears they will likely become citizens on implementation of the new legislation. To this effect, CIC will keep their applications on file and will complete processing these applications once the new law comes into force.

Applicants who appear to qualify for a discretionary grant under 5(4), as mentioned in OB 31—Handling Special Cases of Certain People Living in Canada Without Status and OB 32—Remission of Citizenship Fees — will be invited to make an application under this process.

Also effective immediately, CIC can resume making decisions on new applications. Applicants who do not meet present criteria but will become citizens upon implementation of Bill C-37 will be advised that their application for proof of citizenship will be finalized when C-37 comes into force. Those who do not meet present legislative requirements under the Citizenship Act and who, it appears, will not become citizens upon the coming into force of C-37 will be issued a refusal letter and advised of other options available.

Procedures – CPC Sydney

Using the template letters, the citizenship officer will follow up with each applicant on their outstanding application. The officer can tailor the letter to the client’s personal circumstances. Once C-37 is implemented CPC Sydney will complete the processing of the affected applications.

Follow-up letters are not necessary for applicants who have already filed an application for a grant of citizenship and who have since become citizens or who have their applications still in process.

Procedures – Case Management Branch

Applications for a discretionary grant of citizenship are processed through the Case Management Branch. Using the appropriate template provided by Citizenship Program Delivery and Promotion Division, the case analyst will follow up with the applicant. The analyst can tailor the letter to the client’s personal circumstances. They will once again suggest that the applicant apply for a discretionary grant of citizenship, if the applicant has not yet exercised that option.

OB 31 – Handling Special Cases of Certain People Living in Canada Without Status — and the 2007 Citizenship Fees Remission Order are still in effect for those applicants who qualify (see OB 32 – Remission of Citizenship Fees).

For applicants who have already opted to apply for a grant of citizenship, the case analyst will send a letter to the applicant advising them of the Federal Court of Appeal decision and assuring them that their application for a grant of citizenship is still being processed.

Questions

Questions about this operational bulletin should be sent to the Citizenship Program Delivery and Promotion Division, Operational Management and Coordination Branch, at Nat-Cit-Operations@cic.gc.ca.

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