Do you want to learn IRCC guidelines for Canada immigration decisions?

Highlights of IRCC guidelines

• IRCC clarifies how it makes decisions on Canada immigration
• IRCC claims a fair and reasonable application process that’s free of discrimination.
• IRCC issues decision making guidelines for immigration applications.

Lately, IRCC had to deal with the challenge of enforcing a fair and discrimination-free Canada immigration application decision-making process. IRCC is the body under the Government of Canada that manages Canada immigration processes. This aspect of the immigration process came to focus after the Supreme Court of Canada gave its verdict in the case of Alexander Vavilov.

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What was the case of Alexander Vavilov?

The case was about a person named Alexander Vavilov who was born in Toronto, Canada, and his efforts to maintain his citizenship in Canada. It so happened that his parents who lived in Canada under wrong identities as Canadians were later found to be spies and arrested.

But Alexander Vavilov having born in Canada fought a case to claim his Canadian identity by birth. The case was finally decided in favor of Alexander by the Supreme Court, nullifying the earlier decision of the Registrar of Citizenship. The Registrar has denied Alexander Canadian citizenship citing the fraud of his parents. This was dismissed and Alexander’s right to be a Canadian citizen was restored.

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What has the case led to?

The case led to the Canadian government reaffirming that Canada cannot fall for racism or discrimination and must aim at embracing diversity, openness, and cooperation. The case has led to IRCC re-enforcing its decision-making guidelines to eliminate any opportunity for discrimination against any person. Nobody’s race and/or ethnicity should be reason for unfair treatment like discrimination.

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The IRCC has a nine-step process that it follows in its decision-making process. Here are those nine steps:

1. First, the requirements to be satisfied must be identified as per the category of application.
2. After the first step, the officials must identify the facts that need to be proven. The officer has to identify the facts that have to be proven on the basis of the information they have. The facts have to be material to whatever decision is made.
3. After the sufficient evidence is made available to the immigration officer, that official must apply the standard of proof deemed appropriate. There are at present 4 levels of proof that may be needed. These are:
   1. Mere possibility or suspicion
   2. Reasonable grounds to believe
   3. Balance of probabilities
   4. Beyond reasonable doubt
4. Immigration proceedings and decisions have to apply “balance of probabilities” to reach a conclusion.
5. Then, as the next step, the immigration officer has to identify what evidence is deemed to be relevant: verbal, physical, or documentary. For evidence to be considered relevant, it has to be related to an element that the applicant has the liability to establish.
6. Then, immigration officers will assess the credibility of whatever evidence is presented. It will then be decided whether such material of evidence meets the standard of proof needed for each element in the application so that it can be treated proven.
7. After reviewing all relevant evidence and finding it credible as well as of probative value, the officer must make the decision whether the evidence is sufficient.
8. The Canada immigration officer then makes a decision fairly ensuring that no evidence has been ignored.
9. The immigration officer will record the decisions taken with all necessary details. This will ensure accountability, traceability, and transparency in the decisions made.

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The Government of Canada has taken every effort to keep its immigration and citizenship process just, fair, and transparent. This is of paramount importance to instil faith and confidence in the Canada immigration system.

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