This section contains details on policy, procedures and guidance that Immigration, Refugees and Citizenship Canada (IRCC) staff typically use. The authorities have posted this on the Immigration, Refugees and Citizenship Canada (IRCC) website as a courtesy to stakeholders.
The Guidelines for Assessing Submissions
Officers would need to assess the applicants’ submissions. For this, they would need to determine:
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The facts that they have established on the balance of probabilities and the statements that the submissions are supporting and,
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Whether the facts establish that the applicants would face hardships if the authorities did not grant them the requested exemptions
The Guidelines for the Assessment of Documentation
The officers would need to take into account various factors when they assess the weight that they would typically need to give the relevant documentary evidence. These factors would typically comprise:
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The date of the document
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The reasons for which the applicant prepared the document
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The relationship between the person who prepared the document and the applicant
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The likelihood of the author having an interest in the outcome of the application
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The indications in the document that show signs of bias
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The likelihood of the document appearing to be contrived
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Whether the contents of the document are consistent with other reliable information
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For instance, this could include the consideration of whether the author was a witness to the events described or whether it consists of pure hearsay i.e. a legal term that describes a class of evidence that is based on the reports of others rather than the personal knowledge of a witness
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It is worth highlighting that hearsay is not admissible generally as testimony
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The Guidelines for the Assessment of Credibility
When assessing the credibility of the applicant, the officers would need to be mindful of the fact that:
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The weight given to any factor in a case is an objective determination of the decision maker
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As such, the officer’s main task involves weighing the facts in a fair and impartial manner
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In addition, the officer would need to consider both positive and negative elements
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Humanitarian and Compassionate (H&C) decision makers would need to determine:
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The facts that are most important
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The evidence that is most persuasive and,
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The argument that is most compelling or convincing (and why this is so)
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They will need to interview the applicant if credibility is central to the decision and,
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Explain in the Humanitarian and Compassionate (H&C) decision why they preferred one piece of evidence over another
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It is worth mentioning that Humanitarian and Compassionate (H&C) decision makers would need to need to mention each piece pf evidence supplied by the applicant
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Rather, they would need to focus on those pieces of evidence that are directly applicable to the formation of the decisions or those that are particularly significant for supporting the decision
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