Backgrounder - Revocation Process under Bill C-37: Strengthening the Value of Canadian Citizenship Act

Current Revocation Process

Citizenship and Immigration (CIC) Minister may initiate revocation process if evidence that person misrepresented to acquire citizenship or permanent residence.

Person has the right to request that the matter be referred to the Federal Court for fraud assessment.

If the Federal Court finds fraud, or if the case is not referred to the Court, the CIC Minister may refer the case to the Governor in Council (GIC).

GIC determines whether to revoke.

GIC decision can be judicially reviewed.
* Federal Court, on judicial review, may send the case back to the GIC for redetermination

If the GIC revokes, the Canada Border Services Agency (CBSA) may initiate a separate decision process to issue a removal order (where applicable).

Revocation Process under Bill C‑37: Strengthening the Value of Canadian Citizenship Act

Citizenship and Immigration (CIC) Minister may initiate revocation process if evidence that personsd misrepresented to acquire citizenship or permanent residence.
On request of Public Safety Minister, CIC Minister may also request that the Court make a finding of inadmissibility.

Federal Court makes decision and, if it finds fraud, issues revocation order. If Court also finds the person inadmissible, then the revocation order becomes a removal order.

The Federal Court decision may be appealed to the Federal Court of Appeal and with leave, to the Supreme Court.

If the Federal Court was not asked to consider inadmissibility, CBSA may initiate a separate decision process to issue a removal order (where applicable).