Mary Keyork offers Immigration Legislation providers for a whole bunch of immigration purposes in all classes and has appeared earlier than all three divisions of the Immigration and Refugee Board in addition to on the Federal Court docket of Canada, efficiently representing purchasers in advanced immigration purposes and hearings.
In our final two blogs, we lined a few of the ways in which people can turn out to be Canadian residents, both via naturalization or start.
This week, we take a look at Immigration, Refugees and Citizenship Canada’s (“IRCC”) newest announcement relating to revocation of citizenship and the rights of individuals going via the revocation course of.
The outdated revocation course of
As at all times, we like to offer our readers a fast overview of the previous guidelines earlier than we clarify what has modified.
Earlier than this 12 months, any Canadian citizen who was going through revocation of citizenship based mostly on misrepresentation, fraud or knowingly concealing materials circumstances (for instance, utilizing faux paperwork or info to acquire citizenship) would have their case reviewed by the Immigration Minister, or a Minister’s delegate.
If a case concerned safety, human or worldwide rights violations or organized crime, it was heard by the Federal Court docket.
If a citizenship officer suspected misrepresentation or fraudulent conduct, they’d no proper to grab paperwork supplied in help of citizenship or proof of citizenship purposes.
What has modified? The brand new revocation course of
Now, with the newest adjustments in impact, citizenship officers can seize paperwork that they believe are fraudulent or have been gained via fraudulent means associated to citizenship purposes. In revocation circumstances, an IRCC official will evaluation the information and proof to find out whether or not there may be enough proof to deliver the matter to Federal Court docket, which may lead to some revocation circumstances being terminated.
As well as, in the summertime of 2017, IRCC repealed the rule that citizenship could possibly be revoked for twin residents (i.e. anybody holding Canadian citizenship and citizenship to a different nation on the similar time) in the event that they have been convicted of treason, terrorism or spying, or have been engaged in armed forces that have been engaged in battle with Canada. In consequence, twin residents usually are not topic to revocation however as an alternative face prosecution in Canada for his or her crimes, it doesn’t matter what the sentence, similar to each different Canadian citizen. Basically, having twin citizenship now not offers these people lesser rights below Canadian legal guidelines.
The Federal Court docket would be the major determination maker for all citizenship revocation circumstances. People going through revocation will nonetheless have a proper to have their case heard by the Minister in the event that they select, but it surely won’t occur mechanically.
What does this actually imply for people doubtlessly going through revocation? It means a possibility for larger equity within the revocation course of. By having circumstances heard by the Federal Court docket, individuals going through revocation have the possibility to be represented in an impartial courtroom and play an energetic function within the proceedings.