A PR was returning from the U.S after 2 years. While in the U.S., they served a 1-year sentence for drug trafficking. At the port of entry, a CBSA officer issued an inadmissibility report. Who bears the burden of proof in convincing the decision-maker that the PR is inadmissible?

The individual’s conviction for drug trafficking and subsequent one-year sentence clearly falls under the definition of serious criminality. According to Canadian immigration laws, serious criminality includes sentences of six months or more for offenses, thus leading to inadmissibility upon re-entry to Canada.

Misrepresentation involves providing false information or omitting material facts during the immigration process. In this scenario, the individual was reported for their criminal history, not for any deceitful actions. Therefore, misrepresentation is not applicable as grounds for inadmissibility in this case.

Residency obligations pertain to the requirement for permanent residents to remain in Canada for a certain period to maintain their status. Given that the individual was returning after two years, this ground does not apply, as the focus is on their criminal record rather than residency requirements.