If IRCC refuses your citizenship application, you have 30 days to ask the Federal Court to review the decision. If your application is stuck with no decision, a mandamus application can push IRCC to decide. This guide explains both, and when reapplying is the better choice.
Why citizenship applications are refused
Most refusals come down to one of these:
- Physical presence. You must have been physically present in Canada for at least 1,095 days in the five years before you apply. Days before you became a permanent resident can count as half days, up to 365 days. Miscounted trips are one of the most common problems.
- Taxes. You must have filed income taxes for at least three of the five years, if you were required to.
- Language and knowledge. Applicants aged 18 to 54 must show basic English or French (CLB 4) and pass the citizenship test. Failing the test or missing the interview can lead to a refusal.
- Prohibitions. Some criminal charges, convictions, probation or a removal order can prevent a grant of citizenship for a period of time.
- Credibility and documents. If an officer doubts your travel history or residence, you may be asked for a residence questionnaire or a hearing with a citizenship official.
Read the refusal letter closely. It should explain the reasons. If they are unclear, you can request your file notes (GCMS notes) to see what the officer relied on.
Option 1: Judicial review in the Federal Court
Judicial review asks the Federal Court to decide whether the refusal was reasonable and fair. It is not a new application.
- Deadline: You must file an application for leave and judicial review within 30 days of being notified of the decision (Citizenship Act, section 22.1).
- Leave first: A judge first decides whether your case should go ahead (“leave”). If leave is granted, the case goes to a hearing.
- What the court can do: If the court finds the decision unreasonable or unfair, it usually sends the file back to IRCC for a new decision by a different officer. It does not grant citizenship itself.
Judicial review makes sense when the officer made a clear error, ignored evidence, or decided without giving you a fair chance to respond.
Option 2: Reapply
You can usually reapply after a refusal. Reapplying is often faster and cheaper when:
- you were refused because you were short on days and now meet the 1,095-day requirement;
- a missing document or test caused the refusal and you can now fix it; or
- a prohibition has ended.
Before you reapply, fix whatever caused the first refusal. A second application with the same problem will likely be refused again.
When your application is delayed: mandamus
If your application has been sitting far longer than normal, you can ask the Federal Court for mandamus, an order that IRCC make a decision.
The court generally looks at three things:
- The delay is longer than the process normally requires.
- You and your representative did not cause the delay.
- IRCC has no satisfactory explanation for it.
Mandamus can force a decision, not an approval. That is why your application should be complete and strong before you push for a decision. Many cases resolve when IRCC decides after the court application is filed. See our page on IRCC delays and mandamus.
What to do now
- Note the date you received the refusal and count 30 days.
- Request your GCMS notes if the reasons are unclear.
- Recount your days of physical presence using your travel records.
- Get advice on whether judicial review, reapplying or mandamus fits your case.
Our immigration lawyers in Abbotsford, Surrey and Vancouver help with refused and delayed citizenship applications. See our citizenship lawyers page, or book a consultation.
FAQ
How long do I have to challenge a citizenship refusal?
You must file for leave and judicial review in the Federal Court within 30 days of being notified of the decision.
Can I reapply after a citizenship refusal?
Usually yes. Fix the reason for the refusal first, such as a shortfall in days or a missing test.
Can the Federal Court grant me citizenship?
No. It can send your application back to IRCC for a new decision, or order IRCC to decide a delayed application.