What is the burden of establishing that a defendant acquired his citizenship by false representation or fraud?
Canada (Federal), Canada
The following excerpt is from Canada v. Obodzinsky, 2003 FC 1080 (CanLII):
It is also settled law that it is the Minister who has the burden of establishing that a defendant acquired his citizenship by false representation or fraud or by knowingly concealing material circumstances, and that the sufficiency of the Minister's evidence is judged on the balance of probabilities (Minister of Citizenship and Immigration v. Bogutin, 1998 CanLII 7453 (FC), [1998] F.C.J. No. 211).
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