What is the standard of proof applied in assessing the risk of future persecution?
Canada (Federal), Canada
The following excerpt is from AB v. Canada (Citizenship and Immigration), 2015 FC 450 (CanLII):
A distinction has to be drawn between the legal test to be applied in assessing the risk of future persecution, and the standard of proof to be applied with respect to the facts underlying the claim itself. While the legal test for persecution only requires a demonstration that there is more than a mere possibility that the individual will face persecution in the future, the standard of proof applicable to the facts underlying the claim is that of the balance of probabilities: Adjei, at p. 682. See also Li v. Canada (Minister of Citizenship and Immigration), [2005] F.C.J. No. 1, 2005 FCA 1 at para. 9-14 and 29.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the standard of review applied to a visa officer's assessment of personal suitability? (Canada (Federal), Canada)
If an applicant qualifies for asylum as a result of past persecution, does he have to prove a well-founded fear of future persecution? (MultiRegion, United States of America)
Does the US Immigration Agency err in denying an application for asylum because the applicant failed to demonstrate past persecution or well-founded fear of future persecution? (MultiRegion, United States of America)
When a Minister resorts to a net worth assessment, what is the burden of proof against the Minister's assessment? (Canada (Federal), Canada)
Does the standard of review apply to the assessment of the evidence? (Canada (Federal), Canada)
What is the standard of proof for assessing credibility? (Canada (Federal), Canada)
Is a guilty verdict rendered by a jury that applied a less demanding standard than proof beyond a reasonable doubt nullity? (MultiRegion, United States of America)
What is the burden of establishing a "fear of future persecution" for an asylum seeker who does not allege past persecution? (MultiRegion, United States of America)
What is the burden of establishing that an applicant who has not established past persecution has a presumption of fear of future persecution? (MultiRegion, United States of America)
What is the test for determining whether a reasonable trier of fact, applying the clear and convincing standard of proof, could have found that a dangerous individual was not dangerous? (MultiRegion, United States of America)
