What is the evidentiary standard required to establish a fact in asylum and refugee adjudications?

The evidentiary standard required to establish a fact in asylum and refugee adjudications is known as "preponderance of the evidence." This standard means that the evidence must show that something is more likely true than not true, essentially indicating that there is a greater than 50% chance that the claim is valid. This is a lower standard of proof compared to "beyond a reasonable doubt," which is used in criminal cases, and is more than "clear and convincing evidence," which typically requires a higher level of certainty.

In the context of asylum claims, the applicant must provide enough credible and reliable evidence to persuade the adjudicator that their statements and claims about fear of persecution are true. This aligns with the broader principles of due process in immigration proceedings, where the intention is to evaluate claims fairly while still maintaining an accessible process for individuals seeking protection.

The reference to an affidavit from a legal representative does not constitute an evidentiary standard but rather a type of documentation that may accompany an asylum application. It does not determine how the evidence must be weighed or assessed in support of the applicant's claims. Thus, preponderance of the evidence stands as the established standard for proving claims in these cases.