Citizenship: Revocations

The ability to revoke a person’s citizenship has been part of citizenship legislation since the Canadian Citizenship Act entered into force in 1947. It is an important compliance tool to protect the integrity of Canadian citizenship.

On this page

• When citizenship can be revoked
• Process to revoke Canadian citizenship
  • Initial investigation
  • Notification letter
  • Personal circumstances
  • Factors for considerations
  • Decision is rendered
  • Status of a person under revocation proceedings
  • Renunciation of Canadian citizenship during the revocation process
• Post revocation
  • Notifying partners following a revocation
  • Status of a person post-revocation
  • Impact on future citizenship applications

When citizenship can be revoked

Under Subsection 10(1)of the Citizenship Act (the Act), the Minister may revoke a person’s citizenship or renunciation of citizenship if the Minister is satisfied, on a balance of probabilities, that the person obtained citizenship by:

• false representation
• fraud
• knowingly concealing material facts

Changes to the revocation process

The rules and process for revocation have changed over time:

Before May 28, 2015

Revocation was a 3-step process that involved:

• the Minister
• the Federal Court (if requested)
• the Governor in Council (GIC)

After May 28, 2015 (Bill C-24)

The Strengthening Canadian Citizenship Act (Bill C-24) made the process faster:

• the Minister became the final decision maker in straightforward fraud cases
• the Federal Court became the decision maker in cases involving security, human or international rights violations, or organized crime
• the GIC no longer had a role, except for certain transitional cases already in progress

After June 19, 2017 (Bill C-6)

The Bill C-6 further changed the rules:

• the Federal Court is the default decision maker for revocation cases
• a person can request that the Minister make the decision instead of the Federal Court
• these rules apply to all cases, including those involving security, human or international rights violations, or organized crime
• the amendments came into force on January 24, 2018

Process to revoke Canadian citizenship

Migration Integrity Operations Branch processes cases where an individual’s citizenship is being considered for revocation.

There are multiple steps in determining citizenship revocation:

1. Initial investigation
2. Request for Information letter
3. Notification letter
4. Personal circumstances
5. Decision is rendered

As part of the ability to revoke citizenship under 10(1), factors to be considered as to whether hearings may be held are listed in subsection 7.2 of the Citizenship Regulations.

Initial investigation

If IRCC suspects an individual obtained Canadian citizenship by false representation, fraud, or knowingly concealing material circumstances or if a tip is provided to the Department, the MIOB - Major Investigations Unit (MIU) gathers and reviews relevant evidence on potential revocation of citizenship cases. These may include cases linked to large-scale investigations conducted by the Department or enforcement partners, such as the Royal Canadian Mounted Police (RCMP) or the Canada Border Services Agency (CBSA). MIU liaises closely with these partners to gather and analyze the data received upon the completion of their investigations. MIU refers findings of its investigations under subsection 10(1) of the Act to the Complex Cases Management Division (CCMD) in Integrity Operations Branch for a decision on whether to proceed with revocations of citizenship. If CCMD determines the case should move forward, the issuance of a non-statutory Request for Information letter is initiated. In cases of insufficient evidence, MIU will close the prospective revocation file.

In instances where a case may involve an allegation of security concerns, human or international rights violations, or organized criminality, the file is referred to the Security Case Management Division (SCMD) for further assessment.

Request for Information letter

A Request for Information letter is issued to the person concerned; this is a non-statutory letter that includes a brief summary of the information related to the file. The letter informs the individual that IRCC is in possession of information that the person concerned may have obtained their Canadian citizenship by false representation, fraud or knowingly concealing material circumstances. The person has within 30 days from the date of the letter to respond with:

• written explanations
• supporting documents or evidence
• information about personal circumstances that may justify special relief from revocation proceedings

Once submissions (if any) have been received in response to the Request for Information letter, the Minister’s delegate in CCMD will review and consider the submissions and will determine whether the revocation file will be closed or whether to initiate revocation proceedings with the issuance of a Notification letter concerning your Canadian citizenship (Notification letter).

Section 17 of the Citizenship Regulations, No. 2 outlines how the Minister may deliver the request for information letter by hand, by mail, or by electronic means.

Notification letter

The Notification Letter formally initiates the revocation process and fulfills the requirement under subsection 10(3) of the Act for the Minister to provide written notice to a person whose citizenship or renunciation of citizenship may be revoked. The notification letter is also issued to individuals who did not respond to the Request for Information letter.

The Notification Letter will do the following:

• Set out the specific grounds and reasons, including reference to materials, on which the Minister is relying to make their decision.
• Advise the person of their right to make written representations, which may include submissions respecting their personal circumstances.
• Specify the form and manner in which the representations must be made.
• Advise that the individual has 60 days from the date of the notice to provide information, documentation and/or submissions as well as request that their case be decided by the Minister.
• Advise the person that the case will be referred to the Federal Court for a decision unless the person requests that the case be decided by the Minister of IRCC.
• Include a brief explanation of the Federal Court process as well as an explanation of the process if the person requests the Minister as the decision maker

The Notification Letter will be accompanied by a form to be signed and returned by the individual if they wish to have the Minister act as the decision maker.

Section 17of the Citizenship Regulations, No. 2 outlines how the Minister may deliver revocation notices and decisions by hand, by mail, or by electronic means.

Personal circumstances

The Act requires that the Minister consider any and all written representations made by the individual, including submissions pertaining to personal circumstances, such as the best interests of a child directly affected, that warrant special relief from revocation and whether a decision to revoke citizenship will render the individual stateless.

When personal circumstances are considered, they must be assessed in light of all the circumstances of the case, which will include the public interest in revocation and the need to maintain the integrity of the Citizenship Program. There must be a global assessment of all the relevant factors and each case must be considered on its own merit.

Both the Request for Information letter and the Notification letter underline that personal circumstances may be brought to the attention of decision makers and that individuals are provided with the opportunity to make written representations. The onus is on the individual to clearly outline the personal circumstances to be considered. Individuals should put forth any factors that they believe are relevant to their revocation case, as well as any supporting documentation. Fact-finding should be done using the usual standard of proof in administrative law: the balance of probabilities.

If the individual makes personal circumstance representations in response to the letters and the Minister determines that special relief is not warranted, decision makers must be able to demonstrate that the personal circumstances were considered and explain why these circumstances did not warrant special relief.

Factors for considerations

The individual’s personal circumstances must be taken into consideration by decision makers. While specific consideration should be given to the best interests of a child directly affected and whether revocation will result in statelessness, the Minister is not limited to these considerations.

As “personal circumstances” are not defined in the Act, personal circumstances that may be considered include, but are not limited to:

• the individual’s role in the fraud, false representation, or knowing concealment of material circumstances
• the age of the individual
• the length of time the individual spent in Canada before and after becoming a citizen
• the individual’s ties or connection to Canada;
• the presence of serious health issues
• other negative impacts the revocation itself may have on the individual

Best interests of a child directly affected

The codification of the principle of “best interests of a child directly affected” into the legislation does not mean that special relief will always be warranted when revocation directly affects a child, regardless of all other factors in a case. While the best interests of a child directly affected must be considered, they are one of many important factors that the decision maker must consider in the context of a holistic assessment.

The best interests of a child directly affected may pertain to a Canadian or foreign-born child, in or outside of Canada. The best interests of a child must be considered when the child directly affected is under 18 years of age at the time of the revocation proceedings. There may also be cases in which the situation of older children is relevant and should be taken into consideration. The relationship between the individual subject to revocation proceedings and “a child directly affected” need not necessarily be that of parent and child, but could be another relationship whereby a child may be directly affected by the decision. For example, a grandparent could be the primary caregiver of a child who is directly affected by the decision.

Generally, factors relating to a child’s emotional, social, cultural and physical welfare must be taken into consideration when raised, including, though not limited to:

• the age of the child
• the level of dependency of the child on the individual facing revocation
• the level of the child’s establishment in Canada
• medical needs or disabilities the child may have that may be impacted as a result of the revocation decision

Statelessness

Statelessness is one of many important factors that the decision-maker must consider in the context of a holistic assessment. The codification into the legislation of the requirement to consider whether the decision will render an individual stateless does not mean that other factors in a case are not to be considered, or that relief from revocation will be warranted in all cases involving statelessness. Under the 1961 Convention on the Reduction of Statelessness, Canada has an obligation not to deprive a person of citizenship if it would render them stateless, except where that citizenship is obtained by misrepresentation or fraud (under Article 8(2)(b) of the 1961 Convention). In this instance, Canada would not be in violation of its international legal obligations where revocation would render a person stateless.

Neither the Citizenship Act nor the Immigration and Refugee Protection Act (IRPA) explicitly defines statelessness. For clarity, a stateless person is a person who is not considered as a national by any state under the operation of its law. The onus is on the individual to provide sufficient proof that they will be rendered stateless upon citizenship revocation.

Some factors for decision makers to consider when determining whether to allow for special relief in cases of statelessness include, but are not limited to:

• whether action was taken by the individual to become stateless (for example, renunciation)
• whether the individual has status in another country that could provide for a path to citizenship
• whether the individual has the ability to repatriate themselves in a country in which they previously have held citizenship
• the level of hardship the person would suffer if the special relief sought was not granted, including the impact on their access to health care
• documents from a relevant state authority (for example, the country of origin or country of former habitual residence) certifying that the individual concerned is not a national
• evidence of correspondence with the relevant authorities of the country of origin or country of former habitual residence indicating their refusal to issue certified documents attesting that the person is a national

Decision is rendered

Referral to the Federal Court

By default, the Federal Court decides citizenship revocation cases, unless the individual requests that the Minister be the decision maker.

As the Federal Court does not have the jurisdiction to consider personal circumstances in a citizenship revocation action, the Minister’s delegate in the CCMD is responsible for considering any representations, including personal circumstance submissions received from the individual prior to referring the case to the Federal Court to seek a declaration. If the Minister’s delegate is satisfied that citizenship was obtained by false representation, fraud or by knowingly concealing material circumstances and that considerations respecting the individual’s personal circumstances do not warrant special relief from revocation, the Minister will provide the decision in writing to the individual, in accordance with subsection 10(5) of the Act before referring the case to the Federal Court. The individual will have a 30-day period to file an application for leave and judicial review.

The Minister’s delegate will then refer the file to Litigation Management Branch (LMB) to commence an action before the Federal Court to obtain a declaration that the person has obtained, retained, renounced or resumed their citizenship by false representation, fraud, or by knowingly concealing material circumstances.

Litigation Management Branch (LMB) represents IRCC as the client and works with the Department of Justice (DOJ) and the Departmental Legal Services Unit (DLSU) to prepare and present the case for the Court.

If the Federal Court makes a declaration and the person’s citizenship is revoked, the individual may file an appeal with the Federal Court of Appeal only if, in rendering its judgment, the Federal Court certifies that a serious question of general importance is involved and states the precise question. The wording of the certified question is ultimately determined by the judge who certifies it.

If the Federal Court dismisses the case, the person keeps their citizenship. The Minister may appeal to the Federal Court of Appeal, but only if the Federal Court certifies a serious question of general importance.

Decisions by the Minister

If the individual requests that the Minister to decide their case, the Minister’s delegate will review the information and evidence of the case, assess all submissions, including personal circumstances, before making a decision.

During this process, an oral hearing may be held if the decision maker is of the opinion that one is required based upon the prescribed factors of consideration set out in section 7.2 of the Citizenship Regulations (that is, the existence of evidence that raises a serious issue of the individual’s credibility or their inability to provide written submissions). The Minister will then provide a decision in writing to the individual, in accordance with subsection 10(5) of the Act. Once the Minister makes a decision to revoke citizenship, the individual may file an application to the Federal Court for leave and judicial review of the decision under section 22.1 of the Act.

Status of a person under revocation proceedings

A person under revocation proceedings remains entitled to all rights and privileges of Canadian citizenship unless and until their citizenship is revoked. Under the Bill C-6 citizenship revocation model, citizenship is revoked on 1 of the following dates:

If the Federal Court is the decision maker

• the date the Court declares that the person obtained, kept, renounced, or resumed citizenship by fraud, false representation, or by knowingly concealing material facts

If the Minister is the decision maker

• the date the Minister issues the decision to revoke the person’s citizenship

If the individual files an application for leave and judicial review of the Minister’s decision to revoke citizenship with the Federal Court in accordance with section 22.1 of the Act, they will not be considered a Canadian citizen unless the court quashes the Minister’s decision to revoke their citizenship. However, as per s. 398 of the Federal Court Rules, on a motion of the person whose citizenship was revoked, a judge of the Federal Court of Appeal may order that the Federal Court’s decision be stayed, in which case the individual would remain a citizen until the stay is set aside or until the decision on appeal upholds the Federal Court’s decision.

Renunciation of Canadian citizenship during the revocation process

A person may not make an application to renounce their Canadian citizenship if they have received a Notification letter or if the Minister has commenced an action seeking a declaration from the Federal Court with respect to the revocation of their citizenship, as per subsection 9(2.1) of the Act.

If a renunciation application is made and the Minister subsequently provides the individual with a Notification letter to revoke their citizenship or commences an action in the Federal Court with respect to the revocation of their citizenship, processing of the renunciation application will be suspended until a decision about revocation is made by the Minister (if the person requests the Minister act as decision maker) or the Federal Court, as per subsection 9(2.2) of the Act.

Post revocation

Notifying partners following a revocation

The Complex Case Management Division (CCMD) in Migration Integrity Operations Branch notifies partners by email once as needed. These include Passport Program, Royal Canadian Mounted Police (RCMP), Canada Border Service Agency (CBSA), and Elections Canada.

Status of a person post-revocation

What happens to a person’s status depends on how they obtained citizenship:

• Citizenship was revoked due to misrepresentation during the citizenship process only
• Citizenship was revoked because the person became a permanent resident through misrepresentation or fraud and later obtained or resumed citizenship
• The Federal Court declares that citizenship was obtained through serious violations

Citizenship revocation does not automatically guarantee an individual will be removed from Canada. Following revocation, the individual may revert to either:

• a permanent resident
• a foreign national
• a foreign national with protected person status

They would be subject to the requirements of IRPA and its Regulations pertaining to their status and/or removal proceedings.

If citizenship was revoked due to misrepresentation during the citizenship process only

For example misrepresenting their residence or physical presence in Canada during the relevant period for citizenship, the person becomes a permanent resident as per subsection 46(2) of IRPA.

Citizenship revocation in such situations does not remove the right of the person to remain in Canada. However, following revocation, the person must meet all of the obligations of permanent resident status under IRPA. For the purposes of fulfilling the residency obligation under IRPA, the 5 year residency period begins on the date their citizenship is revoked.

If citizenship was revoked because the person became a permanent resident through misrepresentation or fraud and later obtained or resumed citizenship, the person becomes a foreign national or a foreign national with protected person status as per IRPA via the application of section 10.2 of the Act.

Cases may be referred to CBSA for potential vacation of refugee protection where there is evidence suggesting that the individual’s protected person’s status may have been obtained as a result of directly or indirectly misrepresenting or withholding material facts relating to a relevant matter. The misrepresentation must relate directly to the validity of their claim for refugee protection, to be considered relevant.

If the Federal Court declares that citizenship was obtained through serious violations

If the Federal Court declares that a person obtained citizenship with respect to a fact described in section A34, A35 or A37 of IRPA (other than a fact that is also described in paragraph 36(1)(a) or (b) or (2)(a) or (b)), the Court may also declare that the person is inadmissible to Canada on grounds of:

• security
• human or international rights violations
• organized criminality

This declaration may be made if the Minister, on the request of the Minister of Public Safety and Emergency Preparedness, asks the court to issue it. The Minister of Public Safety and Emergency Preparedness also becomes a party to the action in such cases.

Such a declaration of inadmissibility is a removal order (deportation order) against the person under IRPA, and it comes into force upon the declaration of the Federal Court. The person will be considered a foreign national by operation of law pursuant to IRPA. If the person is in Canada at the time of the declaration, they are deemed to be in Canada without status and are subject to removal from Canada.

Impact on future citizenship applications

Any person whose citizenship is revoked for false representation, fraud, or knowingly concealing material circumstances is prohibited from reapplying for citizenship for 10 years from the date of revocation pursuant to paragraph 22(1)(f) of the Citizenship Act. Once eligible, the person must meet all requirements of the Act when reapplying for citizenship.

A person whose citizenship was revoked cannot apply for resumption of citizenship under subsection 11(1) of the Act.