The government will be supporting this clause for a number of reasons. I'll try to be brief.
Clause 20 introduces a new part V.1 into the act, setting up a uniformed system for judicial review of decisions made under the act, including decisions of the ministers, citizenship judges, and the Governor in Council.
This part is broadly similar to part 1, division 8 of the Immigration and Refugee Protection Act. “Court” is defined in the Citizenship Act as the Federal Court. Applications for judicial review will be subject to leave of the Federal Court.
Proposed subsection 22.1(2) sets out the provisions governing an application for leave to commence a judicial review. The Federal Court's decision of whether or not to grant leave is not subject to appeal.
Proposed subsection 22.1(3) makes it clear that the minister may bring an application for judicial review in respect of decisions that are made by citizenship judges.
Proposed section 22.2 sets out the provisions governing the application for judicial review, once leave has been given.
Proposed paragraph 22.2(d) allows appeals to the Federal Court of Appeal against a decision of the Federal Court judge in a judicial review application; however, such appeals may only be made if the Federal Court judge certifies that a serious question of general importance is involved and states the question.
Proposed section 22.3 empowers the Federal Court rules committee to set rules concerning the practices and procedures governed by this part.
Lastly, proposed section 22.4 provides that the provisions under the Citizenship Act concerning judicial review applications override any inconsistent provisions in the Federal Courts Act.
We will be supporting this clause.