Applicants for Canadian citizenship can apply/ request a judicial review from the Federal Court of Canada if IRCC refuses their citizenship application. Today, we will discuss the alternatives if a citizenship application is refused.
In 2023, around 354,000 people became Canadian citizens in over 3,000 citizenship ceremonies nationwide. However, this number represents a small downturn from 2022, when around 375,000 foreign nationals became Canadian citizens. The number of people transitioning to Canadian citizenship has surged over the past four years.
In fact, in 2019, this figure was just 254,513, implying that the number of new Canadian citizens in 2023 was roughly 39% higher than four years before then.
Despite the growing number of foreign nationals transitioning to Canadian citizenship in recent years, it is still possible for numerous applicants to have their citizenship applications refused by IRCC. If this happens, then applicants have two alternatives. Let us discuss them in detail.
Alternative 1: Reapply For Canadian Citizenship
One of the best alternatives if a citizenship application is refused is to reapply for the same.
However, if IRCC refuses a Canadian citizenship application, that does not prevent applicants from reapplying if they want to do so. In simpler terms, applicants might immediately reapply for citizenship if they choose, as the federal government imposes no waiting period.
In addition, the immigration department clarifies that new citizenship applications should include payment of the new application fee alongside all required forms & documents. Moreover, IRCC cautions applicants to ensure they meet Canadian citizenship requirements before they reapply.
Alternative 2: Request A Judicial Review
The other alternative available to candidates is pursuing a judicial review of the decision from the Federal Court of Canada. Refused citizenship applicants have 30 days from the date indicated on the refusal letter to apply for judicial review.
Note: IRCC clarifies that seeking a judicial review is not an appeal of the decision.
Obtaining a judicial review on a citizenship application refusal is a two-step process that begins with applying on leave.
Moreover, IRCC notes that ‘leave’ in this context implies ‘permission’ to have the matter heard by the Court at an oral hearing.
In order to succeed in this first stage, the applicant should satisfy the Court that the application raises either a serious issue or an arguable issue upon which the applicant might succeed.
At this time, one of the two things will occur. Either the federal court judge will deny the application for leave, or the judge will grant leave to commence an application for judicial review.
In the first scenario, where the application for leave is denied, IRCC notes that the candidate will have their application dismissed. The application proceeds no further because there is no right to appeal the Court’s leave decision.
On the contrary, when a Federal Court judge grants leave, the Court sets the hearing date along with time frames pertaining to the case. Examples of things that the Court will set a timeline for include dates by which the parties must file their respective arguments & conduct cross-examinations.