Candidates for citizenship in Canada can make another application or demand a judicial check from the Federal Court of Canada if their citizenship application is denied by Immigration, Refugee, and Citizenship Canada (IRCC).
Last year, 2023, more than 354,000 individuals evolved into Canadian nationals in more than 3,000 citizenship celebrations performed nationwide. This is based on the information discharged by Immigration, Refugee, and Citizenship Canada (IRCC).
Even though this number portrays a slight downturn from 2022, a year where slightly above 375,000 international citizens evolved into Canadian nationals, the number of individuals evolving into Canadian citizenships can significantly rise over the previous four years.
In 2019, this number was about 254,513, implying that the figure of new nationals in Canada in 2023 was approximately 39 percent higher than four years ago.
Notwithstanding the rising number of international citizens evolving to Canadian citizenship in recent years, it is still feasible for several candidates to have their citizenship requests denied by Immigration, Refugee, and Citizenship Canada (IRCC). If this takes place, candidates possess two choices.
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Alternative One: Apply For Another Citizenship
Having your application for citizenship in Canada denied by Immigration, Refugee, and Citizenship Canada (IRCC) does not stop candidates from making another application if they desire to do so. On the contrary, candidates may instantly make another application for citizenship if they want since the national administration inflicts no waiting time.
Immigration, Refugee, and Citizenship Canada (IRCC) explains that new applications for citizenship are required to comprise payment of new application charges together with all needed forms and papers. Furthermore, the immigration department in Canada warns candidates to ensure they satisfy the conditions for citizenship in Canada before they carry out another application.
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Alternative Two: Demand A Judicial Review
The other alternative that is obtainable to candidates is seeking a judicial review of the judgment from the Federal Court of Canada. Denied citizenship candidates have 30 days from the date shown on the denied letter to apply for a judicial check.
NOTE:Immigration, Refugee, and Citizenship Canada (IRCC) explains that seeking a judicial check is not an appeal of the judgment.
Obtaining a judicial review on an application for citizenship denial is a two-step procedure that starts with applying for leave.
Immigration, Refugee, and Citizenship Canada (IRCC) states that LEAVE implies AUTHORIZATION to have a case heard by the tribunal at an oral hearing.
To win in this first step, based on Immigration, Refugee and Citizenship Canada (IRCC), the candidate must fulfill the tribunal that the request for the judicial review raises may be a severe case or an arguable case upon which the request might win.
At this period, one of two things will commonly take place. Maybe the Federal Court magistrate will reject the application for leave, or the magistrate will award leave to start an application for judicial check.
In the first case, where the request for leave is rejected, Immigration, Refugee, and Citizenship Canada (IRCC) states that the candidate will have their request withdrawn. The application, therefore, no longer proceeds since there is no authorization to appeal the court’s leave judgment.
On the contrary, when a Federal Court magistrate awards leave, the tribunal schedules a hearing date and specific applicable timeframes regarding the case. Instances of things that the tribunal will place a timeline for have to do with dates on which the parties are required to file their arguments respectively and perform cross-tests.
