Small Navigation Menu

Primary Menu

Applying the New Burden of Proof: Lessons from the Canadian Experience

Citation: Waldman, Lorne (2023) Applying the New Burden of Proof: Lessons from the Canadian Experience. [Discussion or working paper]

RLC BP No. 2.pdf

Creative Commons: Attribution-No Derivative Works 4.0

As a result of recent amendments to the UK Nationality and Borders Act asylum seekers will now have to establish certain facts to a balance of probabilities. This paper discusses the impact of those changes and drawing on the Canadian jurisprudence, which has applied the balance of probabilities standard to factual issues since 1989, distinguishes between those issues that have to be established to the higher balance of probabilities threshold and those for which the lower standard of risk, “the reasonable risk of persecution” should be used.

Creators: Waldman, Lorne and
Subjects: Law
Politics
Keywords: balance of probabilities, burden of proof, standard of risk, reasonable risk of persecution
Divisions: School of Advanced Study: Central Offices
Collections: Refugee Law Initiative
Dates:
  • 12 January 2023 (published)

Statistics

View details