Immigration Hearing & Detentions

Question 1

Burden of Proof

(Inadmissibility Hearing)

Answer 1

Depends on the legal status of the person concerned:

At POE: onus is on PC to prove that they are not inadmissible

Inland: found to be inadmissible after entry into Canada, onus is on the hearing officer to prove his allegations

Standard of Proof this would depend on the grounds of inadmissibility

Reasonable Grounds:the officer must have grounds to believe that the act has taken place, is taking place or will take place

Balanace of Probabilities: in regards to sec 36(1)(c) - acts committed outside of Candad, the decision maker must believe that the allegations are more probable then not

Question 2

Detention

Answer 2

Port of Entry: when an officer believes that the FN is inadmissible on more serious grounds of criminality

• must notify the ID so that the detention can be reviewed within 48 hours

Within Canada: within 48 hours of a detention, officer may review the reasons for the detention and may exercise her authority to release the person if the reason for detention no longer exists

• if not, officer must notify ID about the detention without delay, so that ID can hold a hearing on the reasons for detention