You are here

Evidentiary Requirements -

  1. The standard of proof applicable to ss 24 and 23 is the 'reasonable satisfaction' standard (that is, the balance of probabilities). There is no presumption of entitlement (s 120(5) refers). Findings of fact and inferences can only be made about qualifying or disqualifying criteria if there is material before the delegate that permits such findings or inferences to be made. This connection between evidence, circumstances of the claimant's application and findings of fact is crucial to making appropriate and robust decisions. In addition, the Repatriation Commission must ensure that the decision-making process is fair.