Backgrounder: The Revocation of Citizenship

In most countries, citizenship and nationality laws allow for the revocation of citizenship if it is obtained by false representation or fraud. In Canada, section 10 of the Citizenship Act provides the Governor in Council with the authority to make an Order in Council that results in the revocation of citizenship. Grounds for revocation include false representation, fraud or knowingly concealing material circumstances in connection with entry into Canada.

The revocation process

Initiating the process

To initiate the revocation process, the Minister of Citizenship and Immigration must have information and evidence that a naturalized citizen unlawfully obtained citizenship or permanent resident status. Referrals for possible action usually come from Citizenship and Immigration Canada, the Canadian Border Services Agency (CBSA), other external enforcement agencies, visa offices/embassies abroad and other sources.

If there is sufficient evidence, the Minister prepares a notice to the affected person indicating that a report will be made to the Governor in Council. The notice, sent by registered mail as well as served personally in most cases, sets out the basic allegations against the person. For example, the allegation might be that the person concealed criminal activities that would have prohibited him or her from being granted Canadian citizenship.

Throughout the proceedings, the affected individual remains entitled to all the rights and privileges of Canadian citizenship.

Referral to the Federal Court

Upon receipt of the notice, the affected person has 30 days in which to advise the Minister of Citizenship and Immigration that he/she wishes the case to be referred to the Federal Court for a determination on whether their citizenship had been obtained by false representation, fraud or knowingly concealing material circumstances. If the individual decides to go to Federal Court, which makes its decision on the finding of the facts, the government must file its evidence there. Revocation cases are complex and may take years to resolve through the Federal Court. If the Federal Court finds that citizenship was obtained on the basis of fraud, the Minister of Citizenship and Immigration may recommend revocation to the Governor in Council.

Governor in Council decision

The Governor in Council makes its decision in a given case through an Order in Council made under section 10 of the Citizenship Act.

A person affected by such an Order in Council may apply to the Federal Court for judicial review of that Order.

Although no appeal is permitted on the original finding of facts by the Federal Court, any individual whose citizenship has been revoked has the right to a judicial review by the Federal Court of whether the Governor in Council decision was lawful.

Effect of revocation of citizenship

If admission to Canada was granted on the basis of fraud, the person loses all immigration status in this country.

If the misrepresentation occurred during the citizenship application process, the individual reverts to permanent resident status.

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Department of Justice
May, 2007