What is the burden of proof for each party in determining whether clause 1E applies?
Canada (Federal), Canada
The following excerpt is from Hassanzadeh v. Canada (Minister of Citizenship and Immigration), 2003 FC 1494 (CanLII):
The issue then becomes what is the burden of proof for each party in determining whether clause 1E applies. It seems clear from the case law that once the Minister has established a prima facie case that the claimant can return to a country where he or she enjoys the rights of the nationals of that country, the onus shifts to the claimant to show why this is not possible. Once the respondent submitted prima facie evidence which would enable the panel to conclude that the applicants could return to France, the onus shifted to the applicants to show they could not. [Shahpari v. Canada (Minister of Citizenship and Immigration)1998 CanLII 7678 (FC), [1998] F.C.J. No. 429 at para. 12]
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