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Jurisprudential Guides Notes
Jurisprudential Guides Notes
On
July 28, 2022, the Chairperson identified the following Refugee Appeal Division decision as being a
Jurisprudential Guide:
-
Decision TC1 05038 – The proper interpretation of the ‘generalized risk’ exception to protection found at subparagraph 97(1)(b)(ii) of the Act, in claims for protection involving allegations of gang-targeting or other acts of criminality.
On
December 22, 2020, the Chairperson identified the following Refugee Appeal Division decision as being a
Jurisprudential Guide.
-
Decision MB8-00025 – This Jurisprudential Guide addresses, in applying Article 1E of the Refugee Convention, whether members should consider allegations of risk in a country of residence if they conclude that a refugee claimant has the rights and obligations which are attached to the possession of nationality in that country.
On
July 6, 2018, the Chairperson identified the following Refugee Appeal Division decision as being a
Jurisprudential Guide.
-
Decision TB7-19851 – Nigeria – This Jurisprudential Guide addresses internal flight alternatives in major cities in south and central Nigeria for claimants fleeing non-state actors.
Revoked
The country documentation referenced in each of these decisions has been included in s.16 of the updated National Documentation Packages published on July 10, 2018.
On
July 20, 2017, the Chairperson identified the following Refugee Appeal Division decision as being
Jurisprudential Guides.
-
Decision TB7-01837 – Pakistan – Whether the treatment experienced by Ahmadis in Pakistan amounts to persecution, whether state protection is available and whether there is a viable internal flight alternative.
-
Decision MB6-01059/60 – India – Availability of an internal flight alternative in India for claimants from Punjab.
Revoked
-
Decision TB6-11632 – China – Analysis of the efficacy of the Chinese national computer network known as the Golden Shield Project and its impact on whether a person wanted by the authorities can exit China via an airport using a genuine passport.
Revoked
The country documentation referenced in each of these decisions has been included in s.16 of the updated National Documentation Packages published on July 20, 2017.
Back
16 April 2021
ROMANIA
List of Documents
1.
General Information and Maps
Source:
United Nations. Cartographic Section.
Date of Document:
September 2008
Accessed Date:
22 October 2013
Title:
Roumanie. L'Encyclopédie en ligne.
Accessed Date:
5 October 2016
Title:
Romania. The World Factbook.
Source:
United States. Central Intelligence Agency.
Accessed Date:
21 May 2020
Title:
Romania. Social Security Programs Throughout the World: Europe, 2018.
Source:
United States. Social Security Administration.
Date of Document:
September 2018
Accessed Date:
25 October 2018
Title:
Romania. L'aménagement linguistique dans le monde.
Source:
L'aménagement linguistique dans le monde.
Date of Document:
11 January 2018
Accessed Date:
14 May 2020
Title:
BTI 2020 Country Report – Romania
Source:
Bertelsmann Stiftung
Accessed Date:
22 May 2020
Title:
Romania. Country Reports on Human Rights Practices for 2020.
Source:
United States. Department of State.
Date of Document:
30 March 2021
Accessed Date:
13 April 2021
Title:
Commissioner For Human Rights Of The Council Of Europe: Report Following Her Visit To Romania From 12 To 16 November 2018
Source:
Council of Europe. Commissioner For Human Rights.
Date of Document:
28 February 2019
Accessed Date:
21 May 2019
Title:
Romania. Freedom in the World 2019.
Accessed Date:
22 May 2020
Title:
Romania. Nations in Transit 2018.
Author:
Laura Ştefan et al.
Accessed Date:
10 October 2018
Title:
Report of the Special Rapporteur on extreme poverty and human rights on his mission to Romania
Source:
United Nations. Human Rights Council.
Date of Document:
8 April 2016
Accessed Date:
9 August 2016
Title:
National report submitted in accordance with paragraph 5 of the annex to Human Rights Council resolution 16/21: Romania
Code:
A/HRC/WG.6/29/ROU/1
Date of Document:
27 December 2017
Accessed Date:
10 October 2018
Title:
Romania. Country report: Non-discrimination.
Source:
European Commission. Directorate-General for Justice and Consumers.
Author:
Romanița Iordache
Accessed Date:
14 May 2020
Title:
Compilation on Romania
Code:
A/HRC/WG.6/29/ROU/2
Source:
United Nations. Human Rights Council.
Date of Document:
9 November 2017
Accessed Date:
10 October 2018
Title:
Summary of stakeholders' submissions on Romania
Code:
A/HRC/WG.6/29/ROU/3
Source:
United Nations. Human Rights Council.
Date of Document:
2 November 2017
Accessed Date:
10 October 2018
3.
Identification Documents and Citizenship
Title:
Act No. 21/1991 on Romanian Citizenship
Accessed Date:
23 October 2014
Keywords:
children; citizenship; legislation; marriage
Title:
Country Report: Romania
Source:
European University Institute. European Union Democracy Observatory on Citizenship.
Date of Document:
April 2013
Author:
Constantin Iordachi
Accessed Date:
23 October 2014
Keywords:
children; citizenship; election; ethnic and national groups; freedom of movement; institutional efficacy; legal system; legislation; marriage; minorities; nationality; political activities; political organizations; religion; statistics
Title:
Romania. U. S. Visa: Reciprocity and Civil Documents by Country.
Source:
United States. Department of State.
Accessed Date:
14 May 2020
4.
Political Activities and Organizations
Title:
Romania: Presidential election 10 November 2019. ODIHR Needs Assessment Mission Report
Source:
Organization for Security and Co-operation in Europe
Date of Document:
26 July 2019
Accessed Date:
14 May 2020
Title:
Romania. Camera Deputatilor (Chamber of Deputies).
Source:
Inter-Parliamentary Union. Parline.
Date of Document:
9 May 2017
Accessed Date:
13 September 2017
Title:
Romania. Election for President of 10 November 2019.
Source:
International Foundation for Electoral Systems. Election Guide.
Accessed Date:
14 May 2020
Title:
Romania. Referendum of 24 November 2019.
Source:
International Foundation for Electoral Systems. Election Guide.
Accessed Date:
14 May 2020
5.
Gender, Domestic Violence and Children
Title:
Romania. WAVE Country Report 2019: The Situation of Women's Specialist Support Services in Europe.
Source:
Women Against Violence Europe
Date of Document:
30 December 2019
Accessed Date:
14 May 2020
Title:
Romania. Country report: Gender equality.
Source:
European Commission. Directorate-General for Justice and Consumers.
Accessed Date:
14 May 2020
Title:
Concluding observations on the combined seventh and eighth periodic reports of Romania
Source:
United Nations. Committee on the Elimination of Discrimination against Women.
Date of Document:
24 July 2017
Accessed Date:
10 October 2018
Title:
Romania. Social Institutions and Gender Index 2019.
Source:
Organisation for Economic Co-operation and Development
Date of Document:
7 December 2018
Accessed Date:
5 February 2019
Title:
Concluding observations on the combined seventh and eighth periodic reports of Romania. Addendum: Information provided by Romania in follow-up to the concluding observations.
Code:
CEDAW/C/ROU/CO/7-8/Add.1
Date of Document:
31 October 2019
Accessed Date:
14 May 2020
Title:
Romania. Annual Review of the Human Rights Situation of Lesbian, Gay, Bisexual, Trans and Intersex People in Europe and Central Asia.
Source:
International Lesbian, Gay, Bisexual, Trans and Intersex Association. ILGA-Europe.
Accessed Date:
14 May 2020
7.
Criminality and Corruption
Title:
Report concerning the implementation of the Council of Europe Convention on Action against Trafficking in Human Beings by Romania. Second Evaluation Round.
Source:
Council of Europe. Group of Experts on Action against Trafficking in Human Beings.
Date of Document:
30 September 2016
Accessed Date:
14 September 2017
Title:
Romania: Tier 2. Trafficking in Persons Report 2019.
Source:
United States. Department of State.
Date of Document:
20 June 2019
Accessed Date:
14 May 2020
Title:
Fourth Evaluation Round. Corruption prevention in respect of members of parliament, judges and prosecutors. Compliance Report. Romania.
Source:
Council of Europe. Group of States Against Corruption.
Date of Document:
18 January 2018
Accessed Date:
21 May 2019
Title:
Romania. 2020 Crime and Safety Report.
Source:
United States. Overseas Security Advisory Council.
Date of Document:
14 May 2020
Accessed Date:
22 May 2020
8.
Military Service - (No items in this section)
9.
Judiciary, Legal and Penal Systems
Title:
Requirements and procedures for obtaining police reports such as criminal complaints, criminal investigation reports, and a criminal record check, within the country as well as from abroad
Source:
Immigration and Refugee Board of Canada
Date of Document:
3 April 2014
Accessed Date:
27 October 2014
Keywords:
identity documents; police report; police/security forces
Title:
Report from the Commission to the European Parliament and the Council on Progress in Romania under the Cooperation and Verification Mechanism
Code:
COM(2019) 499 final
Source:
European Commission
Date of Document:
22 October 2019
Accessed Date:
14 May 2020
Title:
Towards Pre-trial Detention as Ultima Ratio. 2nd Romanian National Report on Expert Interviews.
Date of Document:
November 2017
Author:
Gabriel Oancea and Ioan Durnescu
Accessed Date:
21 May 2019
Title:
Visit to Romania undertaken from 3 to 12 May 2016: observations and recommendations addressed to the State party
Source:
United Nations. Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
Date of Document:
8 March 2018
Accessed Date:
10 October 2018
Title:
Report to the Romanian Government on the visit to Romania carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 7 to 19 February 2018
Source:
Council of Europe. European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment.
Date of Document:
19 March 2019
Accessed Date:
21 May 2019
Title:
Response of the Romanian Government to the report of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) on its visit to Romania from 7 to 19 February 2018
Date of Document:
19 March 2019
Accessed Date:
21 May 2019
Title:
Implementation of the European Arrest Warrant: dysfunctionalities and bureaucracy. A case study on Romania.
Source:
Association for the Defence of Human Rights in Romania- the Helsinki Committee
Date of Document:
May 2018
Accessed Date:
21 May 2019
Title:
Visit to Romania undertaken from 3 to 12 May 2016: observations and recommendations addressed to the State party. Addendum: Replies of Romania.
Date of Document:
29 January 2019
Accessed Date:
14 May 2020
Title:
UPDATE: Doing Legal Research in Romania
Date of Document:
February 2017
Author:
Anamaria Corbescu
Accessed Date:
14 May 2020
10.
Police and Security Forces
Title:
Joint submission to the Council of Europe on implementation of police brutality judgments in Romania (June 2016)
Source:
European Roma Rights Centre
Date of Document:
7 June 2016
Accessed Date:
5 October 2016
Title:
Romania. Media Sustainability Index 2019.
Source:
IREX (International Research & Exchanges Board)
Author:
Ioana Avădani and Cristina Lupu
Accessed Date:
14 May 2020
Title:
Monitoring Media Pluralism in Europe: Application of the Media Pluralism Monitor 2017 in the European Union, FYROM, Serbia & Turkey. Country report: Romania.
Source:
European University Institute. Centre for Media Pluralism and Media Freedom.
Author:
Adina Marincea; Roxana Bodea
Accessed Date:
21 May 2019
Title:
Romania. International Religious Freedom Report for 2018.
Source:
United States. Department of State.
Date of Document:
21 June 2019
Accessed Date:
14 May 2020
13.
Nationality, Ethnicity and Race
Title:
Fourth Opinion on Romania – adopted on 22 June 2017
Code:
ACFC/OP/IV(2017)005
Source:
Council of Europe. Advisory Committee on the Framework Convention for the Protection of National Minorities.
Date of Document:
16 February 2018
Accessed Date:
18 October 2018
Title:
Second report of the Committee of Experts in respect of Romania
Source:
Council of Europe. Committee of Experts of the European Charter for Regional or Minority Languages
Date of Document:
7 February 2018
Accessed Date:
21 May 2019
Title:
Comments of the Government of Romania on the Fourth Opinion of the Advisory Committee on the implementation of the Framework Convention for the Protection of National Minorities by Romania
Code:
GVT/COM/IV(2018)001
Date of Document:
16 February 2018
Accessed Date:
21 May 2019
Title:
Situation of Roma, including treatment by society and government authorities; state protection and support services available to Roma (2011-2015)
Source:
Immigration and Refugee Board of Canada
Date of Document:
9 October 2015
Accessed Date:
27 October 2015
Keywords:
children; ethnic and national groups; gender equality; identity documents; labour; minorities; political activities; social services
Title:
The situation of Roma and Travellers in the context of rising extremism, xenophobia and the refugee crisis in Europe
Source:
Council of Europe. The Congress of Local and Regional Authorities.
Date of Document:
20 October 2016
Accessed Date:
14 September 2017
Title:
Civil society monitoring report on implementation of the national Roma integration strategy in Romania: Assessing progress in key policy areas of the strategy.
Source:
Roma Civil Monitor et al.
Date of Document:
December 2018
Accessed Date:
14 May 2020
Title:
Romania. World Directory of Minorities and Indigenous Peoples
Source:
Minority Rights Group International
Date of Document:
June 2019
Accessed Date:
14 May 2020
Title:
ECRI Report on Romania (fifth monitoring cycle)
Source:
Council of Europe. European Commission Against Racism and Intolerance.
Date of Document:
5 June 2019
Accessed Date:
22 May 2020
Title:
Annex 1. Strategy of the government of Romania for the inclusion of the Romanian citizens belonging to Roma minority for 2015-2020
Source:
Council of Europe
Accessed Date:
14 May 2020
14.
Exit/Entry and Freedom of Movement
Title:
European Union: Application of the Protocol on Asylum for Nationals of Member States of the European Union (2013-June 2015)
Source:
Immigration and Refugee Board of Canada
Date of Document:
9 July 2015
Accessed Date:
31 July 2015
Title:
European Union: Freedom of movement, residency and social security regulations for European Union (EU) nationals who move to other EU countries; the situation of Czech, Hungarian, and Slovak nationals who move to other EU countries, including...
Source:
Immigration and Refugee Board of Canada
Date of Document:
16 July 2015
Accessed Date:
31 July 2015
15.
Labour, Employment and Unions - (No items in this section)
16.
Other - (No items in this section)
The following changes have been made to the previous package dated 29 May 2020:
Title:
Romania. Country Reports on Human Rights Practices for 2019.
Source:
United States. Department of State.
Date of Document:
11 March 2020
URL:
https://www.state.gov/reports/2019-country-reports-on-human-rights-practices/romania
Accessed Date:
17 March 2020
Disclaimer
National Documentation Packages (NDPs) include country-of-origin information that is publicly accessible at the time of publication and available within time constraints. While the Research Directorate strives to maintain the
NDP with current information, the research is not exhaustive and country conditions can change rapidly. Members of the public are invited to
suggest documents they feel are relevant to the
NDP.
NDPs are not, and do not purport to be, conclusive as to the merit of any particular claim for refugee protection. Rather, they are intended to support the refugee determination process. The assessment and weight to be given to the information in the
NDPs are the responsibility of independent
IRB members (decision-makers) after considering the evidence and arguments presented by the parties.
All sources are fully cited, including a hyperlink, to facilitate the location of the information. The
IRB will attempt to ensure that these links are maintained for the most recent
NDP. It cannot guarantee or be responsible for:
- the functionality of links to external sources,
- the content accessed by these links,
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- any other part of a third party website.
The information presented in
NDPs solely reflects the views and perspectives of the sources cited and does not necessarily reflect the position of the
IRB or the Government of Canada.