Monsef case brings calls to strengthen appeal rights for those facing citizenship revocation

More on citizenship revocation for fraud or misrepreasentation, provoked by Monsef and the upcoming Senate review of C-6:

Not having a connection to Iran is a good thing, according to Sen. Omidvar.

“Once you get Iranian citizenship, it’s with you for the rest of your life whether you want it or not,” said the Indian-born Senator, who is an internationally recognized expert on immigration, diversity and inclusion named to the Senate by Prime Minister Justin Trudeau (Papineau, Que.) earlier this year. “I was an Iranian citizen by marriage, and so when I went to Iran, the only way I could stay there was if I relinquished my passport from India and was issued an Iranian identity.”

Although she left Iran and came to Canada in 1981, and subsequently became a Canadian citizen, she would still be considered an Iranian citizen were she to return to Iran. “That is why I never want to go back,” Sen. Omidvar said in an interview.

Last week, she moved the second reading of C-6 and hopes the Senate will be able to amend the bill to provide “an avenue for an appeal or a hearing” for Canadians whose citizenship is being revoked based on misrepresentation or fraud.

Sen. Omidvar explained that in the case of Ms. Monsef—who at the age of 11 came to Canada with her widowed mother and two younger sisters as refugees—she and her siblings “would be held accountable” if her mother told Canadian immigration officials her children were born in Afghanistan and not Iran.

Under the current system, Ms. Monsef could get a letter from a Citizenship and Immigration Canada official stating that her Canadian citizenship was being revoked based on misrepresentation, and she would have 60 days to respond to the same official who sent the letter. Ms. Monsef could then seek leave to appeal to the Federal Court for a judicial review, but only after she lost her citizenship.

Even then, the court only grants leave on about 15 per cent of citizenship revocation cases, according to Toronto-based immigration and refugee lawyer Lorne Waldman, who is representing the British Columbia Civil Liberties Association and the Canadian Association of Refugee Lawyers in a constitutional challenge to the citizenship revocation regime in C-24 that was filed with the Federal Court last Monday.

He explained that if someone was found to have lied when applying to become a permanent resident and later became a Canadian citizen, that individual could lose both status and face automatic deportation.

What is known about Ms. Monsef’s case “is an example of that scenario,” said Mr. Waldman, who is in court next month on a similar case involving two people who came to Canada as children and whose citizenship is imperilled because of their father’s alleged misrepresentation on his permanent resident application.

Mr. Waldman said he doesn’t believe Ms. Monsef will be stripped of her Canadian citizenship. If the misrepresentation in her case involves where she was born rather than her citizenship at birth “it is not likely that would be relevant” in raising questions about the minister’s status in Canada, said Mr. Waldman.

http://www.hilltimes.com/2016/10/03/monsef-case-brings-calls-strengthen-appeal-rights-facing-citizenship-revokation/82379?ct=t(RSS_EMAIL_CAMPAIGN)&goal=0_8edecd9364-032584e435-90755301&mc_cid=032584e435&mc_eid=685e94e554

About Andrew
Andrew blogs and tweets public policy issues, particularly the relationship between the political and bureaucratic levels, citizenship and multiculturalism. His latest book, Policy Arrogance or Innocent Bias, recounts his experience as a senior public servant in this area.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

This site uses Akismet to reduce spam. Learn how your comment data is processed.

%d bloggers like this: