Citizenship Appeals can be initiated by the applicant where an application for citizenship is rejected. Alternatively, though uncommon, we are seeing an uptick in the number of positive citizenship applications the Minister appeals on the basis that the judge who decided the matter, did so in error. In either case the appeal is made to the Federal Court.
In addition to amending the citizenship laws to create more stringent conditions for approval, this government has also indicated that it believes that a large number of citizenship approvals have been obtained either through outright fraud and or misrepresentation. As a result this government has been appealing positive citizenship applications, often on the basis that the Citizenship judge did not properly assess the residency evidence provided by the applicant.
In the event your citizenship has been appealed, you can represent yourself or retain a lawyer to represent your interests at the Federal Court. Ultimately, you will have to decide whether it makes more sense to defend the appeal or allow the Minister to succeed and then re-apply for Citizenship. If you have had your Citizenship appealed or the government seeks to revoke your citizenship, contact our office to arrange a consultation. Levine Associates can then assess the chances of success on appeal and recommend a course of action.