Simon's Legal Resources

Citizenship - Judicial Review [CA s.22.2]

. Tan v. Canada (Citizenship and Immigration)

In Tan v. Canada (Citizenship and Immigration) (Fed CA, 2026) the Federal Court of Appeal dismissed an appeal, this brought against a JR dismissal determining whether: "section 10 of the Citizenship Act [SS: 'CA'], by which citizenship that was obtained by “false representation or fraud or by knowingly concealing material circumstances” may be revoked, violate paragraph 2(e) of the Canadian Bill of Rights".

Here the court considers statutory provisions [CA s.22.1-22.4] bearing on judicial review of Citizenship Act matters, and appeal thereof:

[4] In dismissing Ms. Tan’s application for judicial review, the Federal Court certified the following question in accordance with paragraph 22.2(d) of the Citizenship Act:

Does section 10 of the Citizenship Act, by which citizenship that was obtained by “false representation or fraud or by knowingly concealing material circumstances” may be revoked, violate paragraph 2(e) of the Canadian Bill of Rights?

....

[28] The Federal Court properly certified the question set out in paragraph 4 of these Reasons in accordance with paragraph 22.2(d) of the Citizenship Act. Therefore, it is open to this Court to address all issues arising in the appeal as the certification procedure performs a gatekeeping role to ensure a matter is sufficiently important to merit an appeal: Mason v. Canada (Citizenship and Immigration), 2023 SCC 21 at paras. 49-52 (Mason) and Canada (Citizenship and Immigration) v. Galindo Camayo, 2022 FCA 50 at para. 37 (Galindo Camayo) in the context of a question certified pursuant to paragraph 74(d) of the IRPA, a provision that parallels paragraph 22.2(d).