Chapter CP 2 - Decision Making

Section 1 - General Policy on Decision-Making

• 1.1 This section is about
• 1.2 Authorities
• 1.3 Concepts
• 1.4 Administrative law
• 1.5 Administrative law:
• 1.6 Powers granted by the Citizenship Act
• 1.7 Appeal
• 1.8 Steps in making a decision
• 1.9 Period of time
• 1.10 Burden of Proof
• 1.11 Natural justice and procedural fairness - Decision-maker
• 1.12 Method can be more important than decision
• 1.13 Basic elements of natural justice
• 1.14 The right to be heard
• 1.15 Rules must be observed
• 1.16 "Whoever hears the parties makes the decision."
• 1.17 Exception
• 1.18 Key Duties of Citizenship Officer
• 1.19 All the evidence must be heard
• 1.20 Applicant submits evidence
• 1.21 Must give reasons for decision
• 1.22 Giving reasons cannot be delegated
• 1.23 Bias
• 1.24 Personal Bias
• 1.25 Types of bias
• 1.26 Deal with each case in individual basis
• 1.27 Give reasons for decision
• 1.28 What to include in justifying the decision
• 1.29 Conclusion not enough
• 1.30 Elements of a decision to refuse citizenship

Section 2 - Transferring jurisdiction

• 2.1 This section is about
• 2.2 Authorities
• 2.3 Policy
• 2.4 Procedure
• 2.5 To transfer a file
• 2.6 One form for each transfer

Section 3 - Judge's decision

• 3.1 This section is about
• 3.2 Authorities
• 3.3 Context
• 3.4 Information judge should receive
• 3.5 Act gives judge 60 days to make decision
• 3.6 Section 17 allows six-month suspension
• 3.7 Review cases with judge
• 3.8 When judge does not have to interview 5(1) grant applicants
• 3.9 Minister may ask Sections 8, 9, and 11 applicants to appear before judge
• 3.10 When interview necessary
• 3.11 Judge says what documents needed
• 3.12 Applicant invited to interview by mail
• 3.13 Applicant does not appear for interview
• 3.14 Approval shown on decision form
• 3.15 Registered letter sent to non-approved applicants
• 3.16 Reasons for non-approval can be handed to applicant
• 3.17 Give applicant decision within 60 days
• 3.18 If non-approval because of prohibition or residence, send file toCase Management Branch