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.
- Defining the standard of proof
- The threshold of proof in immigration to Canada
- What is the burden of proof?
- Ask your questions!
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, generally speaking, deciding on mere suspicion is a common practice on social media.
I sorted the standards of proof from the strictest to the loosest. Of course, the more stringent a threshold of proof, the more robust evidence we need.
The most common standard of proof in immigration cases is “reasonable grounds.” Of course, there are some exceptions here and there. For example, officers use “balance of probabilities” in the following situations:
- Citizenship applications
- Revocation of citizenship by the minister
- PRRA applications (persons in need of protection)
- Inadmissibility of a permanent resident because of criminal charges outside Canada
- Fact-finding for H&C applications
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.
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.
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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.
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