A citizenship refusal letter can leave applicants feeling shaken, frustrated, and unsure of what comes next. There are typically two paths forward, and the right one depends on why the application was refused.
If the refusal points to a fixable issue, such as incomplete documentation, the most efficient route is often to address the gap and submit a fresh application. If the officer’s decision contains a legal or factual error, the file moves to the Federal Court instead.
If IRCC refuses your citizenship application and you want it reviewed by the Court, you have 30 days from the date you are notified of the decision to file an application for leave and judicial review. The deadline is set out in the Citizenship Act and is strictly enforced.
There is no separate administrative appeal of a citizenship refusal. Judicial review asks the Federal Court to determine whether the decision was reasonable and procedurally fair.
Where the Court grants the application, the file is generally sent back to IRCC for redetermination by a different officer.
We have a strong track record on judicial review at the Federal Court. The same legal principles that apply across immigration matters apply to citizenship refusals as well.
One example of our Federal Court work is Yasmin v Minister of Citizenship and Immigration (2018 FC 265). Our client was a Convention refugee from Bangladesh who applied for permanent residence as a protected person. IRCC refused the application upon finding that she had failed to disclose another identity in the United States.
We successfully appealed the decision to the Federal Court on the basis that IRCC had not provided her with evidence of a fingerprint match in breach of procedural fairness. The same procedural fairness principles apply to citizenship matters where IRCC refuses an application without disclosing the evidence it relied on.
These outcomes reflect our position as one of the few firms in Toronto with a sustained record of litigating citizenship matters at the Federal Court. A Regulated Canadian Immigration Consultant cannot represent you at the Federal Court; only a lawyer can.