Standard of proof in immigration to Canada

Immigration officers review thousands of applications every day. They refuse some and approve the others. Nonetheless, how do they review those applications? In this article, I explore the standard of proof in immigration to Canada. Of course, I’ll do my best to simplify the subject as much as possible.  Therefore, this is not a legal commentary.

What is the standard of proof?

The standard of proof or threshold of proof means how a person or entity decides on a matter. Here are four specific standards of proof:

  • Beyond a reasonable doubt: Criminal courts use this standard. The judge or jury convicts a person only if they believe they have committed the crime beyond a reasonable doubt. Of course, we could expand this strict standard to other aspects of decision-making.
  • Balance of probabilities: Civil courts use this standard. As you can imagine, this standard is less rigid than “beyond a reasonable doubt.” Upon analyzing the evidence, you pick a more probable side.
  • Reasonable grounds (to believe): This standard is less strict than the “balance of probabilities.” However, it is more stringent than “mere suspicion.”
  • Mere suspicion: Public opinion on social media is primarily mere suspicion. People read a headline and conclude the story. Of course, some people investigate the issues before casting their opinion. However, deciding on mere suspicion is generally a common practice on social media.

I sorted the standards of proof from the strictest to the loosest. Of course, the more stringent the threshold of proof, the more robust evidence we need.

The standard of proof in immigration to Canada

The most common standard of proof in immigration cases is the “balance of probabilities.” Here are some examples:

Despite this list, there are exceptions in which officers use the standard of reasonableness. Here are some examples:

  • Most inadmissibility cases
  • Some aspects of H&C applications

What is the burden of proof?

The burden of proof means who must present the evidence. Usually, the applicant has the onus to provide convincing evidence. However, if the Minister files against a person, the burden of proof is on the government. The standard of proof is how an officer or an adjudicator reviews the evidence. The burden of proof says who is responsible for presenting the evidence. Therefore, these two are different from each other.

Ask your questions

If you have any broad questions about immigration to Canada, fill out the following form. A typical question could be, “what is the standard of proof?” However, if you have questions about your case, please book an appointment with me.

    Full Name (required)

    Email address (required)

    Have you entered your email address correctly?

    Your question (required):

    Related Posts

    Express Entry Draw Invites 7000 Candidates March 23

    Canada’s Surprise Express Entry Draw Invites 7,000 Candidates

    Mar 26, 2023
    Canadas record population growth 2023 update

    Immigration drives last year’s record population growth in Canada

    Mar 25, 2023
    Canadian provinces minimum wage 2023

    These Canadian provinces will increase their minimum wage in April 2023

    Mar 24, 2023

    Vavilov decision: A turning point in Canadian judicial review

    Mar 23, 2023

    If you wish to visit or move to Canada, please fill out our free assessment form. We will review it for free, but we will contact you only if we find an opportunity for you. Alternatively, you may book a consultation session. Consultation sessions are not free, but you will receive formal advice from a licenced practitioner.

    Al Parsai, MA, DTM, RCIC
    Regulated Canadian Immigration Consultant
    Ashton College Instructor – Immigration Consulting
    Author – 88 Tips on Immigration to Canada

    Fill our Free Canada Immigration Assessment Form in your language!

    Disclaimer:
    This article provides information of a general nature only. Considering the fluid nature of the immigration world, it may no longer be current. Of course, the item does not give legal advice. Therefore, do not rely on it as legal advice or immigration advice. Consequently, no one could hold us accountable for the content of these articles. Of course, if you have specific legal questions, you must consult a lawyer. Alternatively, if you are looking for immigration advice, book an appointment.

    The characters and places in the articles:
    All the characters and locations in the articles are fictional, unless otherwise clearly stated. Therefore, any resemblance in names, dates, and places is coincidental.

    Important Notes:
    For our official addresses, trust this website only. We currently do not have offices outside Canada. Therefore, anyone who claims to be our agent is committing fraud. Also, note that we do not issue any work permits or study permits or similar documents. The government of Canada has the sole authority to issue such material.

    Click to read the disclaimer.

    Al Parsai

    Al Parsai is a Regulated Canadian Immigration Consultant (class L3 RCIC-IRB – Unrestricted Practice) in Toronto, Canada. He is an adjunct professor at Queen's University Law School and Ashton College. Al, who holds a Master of Laws (LLM) degree from York University, is a member of CICC and CAPIC organizations. Al, the CEO of Parsai Immigration Services, has represented thousands of applicants from more than 50 countries to the immigration authorities since January 2011.