IRCC explains how it makes decisions on Canada immigration applications
Posted on July 20, 2022
Highlights of IRCC new rules
- Despite many differences, Canada does not support discrimination and racism.
- The immigrant officers need to check the documents’ proofs for the evidence’s credibility.
- The facts must be based on the provided evidence documents provided, and immigration officials need to record the decisions to furnish accountability, traceability, and transparency.
To make the process easy and reasonable and prepare a standard for review, the immigration department notes down the Supreme Court of Canada’s renditions and verdicts in the case of Alexander Vavilov.
- The process will be based on comprehensible reason and
- Will be justified based on the legal and indisputable context of the decision.
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Alexander Vavilov, the son of two Russian spies, was accepted to hold back his Canadian Citizenship, despite his parent’s illegal acts in Canada. This is not just the first incident that portrayed the shade of discrimination. During its sessions in 2018 and 2019, the Federal government heard many such Anti-Racism strategies.
Canada stands against discrimination against any individual or group based on ethnicity and/or racism, and the new federal anti-racism strategy is made in the form of guidelines for immigration to make decisions to accept the process.
A nine-Step process for IRCC decision
The recent guidelines for the immigration process are a nine-step process for the immigration officials to decide.
- The initial step is to identify the requirements that are to be satisfied before making a decision. If the requirements are satisfied based on the legislation, the immigration officers can understand the program delivery instructions.
- The second step is to understand the evidence that has to be proven. The immigration officer needs to analyze the facts that need to be satisfied over the information that is in hand.
- The moment the immigration officer gets the complete information as evidence, the applicant must apply the related to standard proofs.
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Four levels of proof need to be provided based on the latest guidelines. Following are the listed guidelines from lowest to the highest.
- Simple possibility or rejection – if the facts do not match, then there is a possibility of rejection or suspicion.
- Logical reasons to trust – based on the provided evidence, high chances of getting a positive response based on the facts.
- Assessing the probabilities – this refers to chances where the reliable fact is determined based on the facts that are rather non-existent and improbable.
- Beyond a reasonable doubt.
Decisions based on a balance of probabilities for standard proof
The immigration officer’s next step is to assess the type of evidence, if it is physical, documentary, or verbal, is considered relevant.
The most common evidence is documents submitted to validate the affirmations mentioned in the application. Sometimes the evidence can be verbal also. If the proof is considered appropriate to any of the factors, then the applicant must provide proper information.
The proofs for all the requirements need to be provided with sufficient documentation to satisfy the applicant.
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Determining the reliability of evidence
Immigration officers need to check the credibility of the proof provided in front of them and be able to validate whether it qualifies with the standard of proof required for each factor in the application.
Following are the factors that officers need to determine the proof of the documentary.
- Spelling mistakes and inconsistencies
- The document needs to be properly signed, and there should not be any incompleteness.
- The document must be in question and authentic information and no discrepancies.
- No bias in the proof
- No indication of fabrication in the document.
- There must be no alterations or forgery.
- No damaged document reduces its eligibility.
The unreliable evidence is given less weightage.
The last two steps are actually for the immigration officer to finalize the decision without ignoring any proof and take a decision. Immigration officials must record findings with transparency, accountability, and traceability.
Before the immigration officers submit their notes for filing, the templates or letters of decision in the Global case management system (GCMS) are advised to:
- Must use neutral, understandable, and unbiased language.
- Before submitting the notes, proofread for errors for reliability and accuracy.
- Check the dates chronologically and give all the details like new evidence.
- All the vital issues need to be addressed and evaluated.
- The facts and evidence must be counted on the applicable legislative provisions and analyzed.
- A final review of the notes taken must be certified to support final conclusions and be consistent.
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