This Is How Canada Handles Immigration Applications - Aptech Visa

Immigration News from Canada: Following allegations of systemic discrimination at Immigration, Refugees, and Citizenship Canada (IRCC), the federal government is outlining how Canadian immigration officials will make decisions.

The immigration department notes in Decision Making: Standard of Review and Process for Making a Reasonable Decision that the Supreme Court of Canada's decision in the case of Alexander Vavilov makes it clear that all decisions by the government must be both:

• Based on internally-coherent reasoning, and
• Supported as per the legitimate and verifiable setting of the choice.

Despite his parents' illegal activities in Canada, Vavilov, the son of two Russian spies, was eventually allowed to keep his Canadian citizenship. 

However, this is not the only incident that has raised concerns about discrimination in the Canadian immigration system.

The federal government heard from many Canadians with lived experiences of racism and discrimination during its engagement sessions to develop its Anti-Racism Strategy in late 2018 and early 2019.

In addition, in a report prepared for the IRCC by Pollara Strategic Insights and released late last year, many employees and supervisors at the immigration department were described as using terms considered offensive to their racialized coworkers.

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"Canada is solid in view of our disparities, not despite them." Unfortunately, bigotry and separation exist in Canada." Challenges remain in fully embracing diversity, openness, and cooperation," the federal government notes on its website.

"It is important that Canada confronts oppression any individual or gathering in light of their religion or potentially nationality, which is the reason the Government of Canada has focused on drawing in people in general in fostering another bureaucratic enemy of prejudice system."

Canada has issued these new guidelines to immigration officers to help them make good decisions as it works to prevent racism and other forms of discrimination in its bureaucracy.

Decision-Making Guidelines of the IRCC Follow the Nine-Step Procedure

The most recent guidelines outline a nine-step process for immigration officials to follow when making decisions.

The first step is to simply determine which requirements must be met.

"Every application classification has prerequisites that should be met or fulfilled before a choice can be made." "These necessities are determined in the material regulation, and officials are provided guidance in the pertinent program conveyance directions," the rules state.

The next step is to determine which facts must be proven.

"During this decision-making stage, an official recognizes the realities that should be demonstrated in light of the data within reach." "The realities should be applicable to the choice," the rules state.

Once the evidence is in front of the immigration officer, he or she must ensure that the appropriate standard of proof is applied.

According to the most recent guidelines, four levels of proof may be required.

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They are listed in descending order from lowest to highest.

Mere possibility or suspicion - an unsubstantiated possibility;

• Reasonable grounds to believe - a genuine belief in a serious possibility that a fact has been established based on credible evidence;
• Balance of probabilities - refers to circumstances in which the existence of a fact is more likely than its non-existence, and the issue to be determined is not only possible, but probable, rather than improbable, and
• Without a reasonable doubt

Officers of the IRCC will base their decisions on the 'balance of probabilities' standard of proof.

Since migration procedures and choices are affable in nature," the rules express, "the overall norm of verification relevant to common matters - equilibrium of probabilities - applies."

    

"Saying something is demonstrated on an equilibrium of probabilities implies that it is very likely obvious or plausible."

The immigration official must then figure out which proof, whether narrative, physical, or verbal, is pertinent.

That's what the rules express "reports are the most well-known sort of proof submitted to validate the attestations made in an application."

"In any case, narrative proof might be enhanced with verbal proof assembled and recorded by the decision maker during and after a meeting with the candidate or another person who has important information."

Evidence is considered relevant when it is related to an element that the applicant must establish.

"The applicant bears the burden of proving that all requirements are met," the guidelines state. "The candidate should give adequate proof to fulfil the decision maker that the application's necessities have been met."

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The credibility of evidence must be determined by immigration officers.

Immigration officers must then evaluate the credibility of the evidence in front of them, determining whether it meets the standard of proof required for each element of the application to be considered proven.

Officers should look for the following when evaluating the credibility of documentary evidence:

• Inconsistencies or spelling mistakes (especially if the document purports to be an official document);
• Inconsistencies between the document in question and other reliable information;
• the presence of bias;
• Indications of alterations or forgery;
• Indications that the document was fabricated, and
• Document damage that impairs legibility

When verbal evidence received during interviews, oral hearings, or verifications contains contradictions or inconsistencies, is incoherent or vague, or is presented in a way that suggests the person providing it is untrustworthy, it can be called into question.

The guidelines also state that the immigration officer must decide how much weight to give to each piece of evidence.

Also read: Canada government to implement a new strategy for Canada Immigration Backlog

Untrustworthy evidence will be given less weight in decision-making.

"Endless, ambiguous, or doubtful proof ought to be given less weight than immediate, itemized, and unrefuted proof," the rules state "For example, if stamps in their passport show entry into other countries, a person's statement that they have never left Canada would be given little weight."

After reviewing all relevant evidence, and determining its credibility and probative value, an officer must decide whether the evidence is sufficient.

That's what the rules express "the candidate need just fulfill an official of the realities in view of equilibrium of probabilities." "An official ought not to be excessively dubious or distrustful of the proof introduced."That approach contradicts the process's underlying presumption of truth."

The final two steps are for the immigration officer to make a fair decision without disregarding any evidence and then record the decision. Immigration officials keep track of their decisions in order to provide accountability, transparency, and traceability.

When a decision is challenged in court, the federal court can review those records.

Also read: Best Reasons for Immigrating to Canada and Raising a Family

Immigration officers are advised to:

Use neutral, unbiased, and comprehensible language in their notes to file, decision templates or letters, and in the Global Case Management System (GCMS);

• Edit the notes, as different mistakes (for instance, genuine, typographical) could cause the reviewing court to scrutinize a maker’s precision and dependability on additional considerable issues;
• list all dates in chronological order and provide additional information, such as new evidence;
• Make certain that all critical issues have been addressed and evaluated;
• Include an assessment of the facts and evidence relied on, as well as the relevant legislative provisions and reasoning; and
• Conduct a final review of the notes to ensure that their analysis backs up the conclusions and is internally consistent.

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