An immigration officer issues a report stating that a refugee claimant is inadmissible on security grounds. The report is then referred to the IRB. What will be the standard of proof used at the hearing?

The Minister is tasked with establishing the basis for the inadmissibility of the refugee claimant. This includes presenting evidence and arguments that justify the security concerns raised. The Minister's obligation to prove the grounds for inadmissibility is rooted in legal principles governing immigration proceedings, ensuring a fair hearing for the claimant.

The refugee claimant is not responsible for proving their admissibility in cases where the Minister has issued a report of inadmissibility. Instead, the claimant's role is to respond to the evidence presented by the Minister and to provide their own information to counter the claims made against them. This distinction is vital to ensure that claimants are not unfairly burdened in defending their right to remain in the country.

The immigration officer who issues the inadmissibility report does not carry the burden of proof at the hearing. The officer's role is to present the report and its findings, but once it is referred to the IRB, the responsibility to prove inadmissibility lies with the Minister.