Revocation of citizenship — s 10
Overview
Under s 10 of the Citizenship Act, the Governor in Council (on the recommendation of the Minister) may revoke a person's Canadian citizenship on the ground that the person obtained citizenship by fraud or false representation or by knowingly concealing material circumstances. Revocation can apply to naturalised citizens who misrepresented facts on their citizenship or permanent residence applications. The revocation process includes a right to a Federal Court hearing. Revocation results in the person losing citizenship — they become a PR again (if they were not a citizen at birth) or, in some cases, are subject to removal.
Citizenship revocation is a serious consequence. It is most commonly invoked where a person obtained PR status through misrepresentation (e.g., concealing a criminal history, providing false documents, using a false identity) and then obtained citizenship. The fraud on the PR application taints the citizenship — if citizenship would not have been granted but for the fraud, it may be revoked.
Legal basis
- Citizenship Act s 10(1) — the Governor in Council may revoke citizenship where the person obtained it by false representation, fraud, or concealment of material circumstances
- Citizenship Act s 10(3) — the person must be notified and given an opportunity to be heard before revocation
- Citizenship Act s 10.1 — the Federal Court has exclusive jurisdiction to determine whether revocation is warranted; referral to the Federal Court is available where the person requests it
- Citizenship Act s 22.1 — war criminals and persons who have committed crimes against humanity are subject to revocation even if they are citizens by birth or descent (introduced by the 2014 amendments — most of the 2014 provisions were repealed in 2017 for dual nationals; the war crimes provision was retained)
How it works
Grounds for revocation
- Fraud or false representation: the person made a false statement on their citizenship application or on a prior immigration application (PR application) that was material to obtaining citizenship
- Concealment of material circumstances: the person failed to disclose information that, if known, would have affected the determination of eligibility — e.g., concealing prior criminal convictions, a different identity, or prior immigration history
The revocation process
- IRCC initiates an investigation (typically triggered by CBSA inadmissibility proceedings, police reports, or information from foreign governments)
- IRCC notifies the person and gives them an opportunity to respond (procedural fairness)
- If the person requests a Federal Court hearing, the matter is referred to the Federal Court (s 10.1)
- The Federal Court determines whether the citizenship was obtained by fraud or misrepresentation on a balance of probabilities
- If the Court finds for revocation, the Governor in Council issues the revocation order
Consequences of revocation
- The person loses Canadian citizenship
- If they were a PR before becoming a citizen, they revert to PR status
- CBSA may then initiate inadmissibility proceedings to remove them from Canada on the basis of the underlying misrepresentation or other inadmissibility that was concealed