The Federal Court may overturn the decision of the decision-maker or citizenship judge but will rarely decide that the applicant meets the requirements of the Act or further direct that the citizenship application should be approved.
In those exceptional cases where the Federal Court does direct that the citizenship application should be approved, the local CIC office must follow the Federal Court’s directions and ensure that the file contains valid clearances. Citizenship may be granted by the Case Management officer or the local citizenship officer and the results entered in GCMS by the officer who schedules the applicant to take the oath of citizenship.
Order a redetermination of the applicant’s case
In the majority of cases where the Federal Court overturns the decision of decision-maker or citizenship judge, the original decision is quashed (set aside) and the application is remitted for redetermination to a different decision-maker or citizenship judge.
Complying with the Federal Court’s order on redetermination
Where the Federal Court remits the subject matter of the application for redetermination to a different decision-maker or citizenship judge, the original decision is quashed (set aside).
The decision-maker or citizenship judge making the redetermination starts anew, and must follow directions included in the Federal Court’s judgment.
To ensure compliance with the court order, the officer can seek clarification by writing to the Litigation Management Unit (BCL). Failure to comply with a court order can place the Minister at risk of being found to be in contempt of the court order.
The applicant can re-apply for citizenship during a judicial review
The local CIC office must inform the BCL that a second application has been received. The second application is processed in the regular manner. It is neither expedited nor held pending the Federal Court's decision on the judicial review.
If the second application is approved, the second application is finalized through to oath and the local CIC office informs the BCL that citizenship has been granted for the second application. The BCL will have the Department of Justice advise the applicant (via counsel) to withdraw the appeal of the first application.
The local CIC office should also advise the applicant, at the time of the oath of citizenship, to withdraw the judicial review of the first application.
Where the Federal Court allows the judicial review and the applicant is granted citizenship on the first application, before the second application is finalized, the second application will be considered closed. Learn more about multiple applications.
The client must be notified in writing by the local CIC that the second application is closed, and the right of citizenship fee is refunded, if applicable.
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