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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
30 April 2018
YEMEN
List of Documents
1.
General Information and Maps
Source:
United Nations. Cartographic Section.
Date of Document:
January 2004
Accessed Date:
16 November 2012
Title:
Arabie saoudite - Bahreïn - Émirats arabes unis - Oman - Qatar - Yémen. L'Encyclopédie en ligne.
Accessed Date:
8 December 2016
Title:
Yemen. The World Factbook.
Source:
United States. Central Intelligence Agency.
Date of Document:
26 October 2017
Accessed Date:
27 October 2017
Title:
Mapping the Yemen Conflict
Source:
European Council on Foreign Relations
Accessed Date:
12 October 2017
Title:
Country Policy and Information Note. Yemen: Security and humanitarian situation. Version 3.0.
Source:
United Kingdom. Home Office.
Date of Document:
June 2017
Accessed Date:
11 October 2017
Title:
Yemen. Humanitarian Needs Overview 2017.
Source:
United Nations. Office for the Coordination of Humanitarian Affairs.
Date of Document:
November 2016
Accessed Date:
12 October 2017
Title:
Final report of the Panel of Experts on Yemen
Source:
United Nations. Security Council.
Date of Document:
31 January 2017
Accessed Date:
13 October 2017
Title:
Yemen. Country Reports on Human Rights Practices for 2017.
Source:
United States. Department of State.
Date of Document:
20 April 2018
Accessed Date:
24 April 2018
Title:
Yemen. Amnesty International Report 2016/2017: The State of the World's Human Rights.
Source:
Amnesty International
Accessed Date:
11 October 2017
Title:
Yemen. Freedom in the World 2017.
Accessed Date:
12 October 2017
Title:
Yemen. World Report 2017: Events of 2016.
Source:
Human Rights Watch
Date of Document:
January 2017
Accessed Date:
16 January 2017
Title:
UNHCR Position on Returns to Yemen
Source:
United Nations High Commissioner for Refugees
Date of Document:
April 2015
Accessed Date:
20 April 2015
Keywords:
arbitrary arrest and detention; armed groups; children; conflict; ethnic and national groups; extralegal executions/killings; extremist/terrorist organizations; freedom of movement; gender-based violence; human rights activists; humanitarian situation; institutional efficacy; internal displacement; legal system; legislation; minorities; police/security forces complaints; political activities; political opposition; political organizations; political prisoners; race; rejected asylum seekers; religion; social services; statistics; tribes/clans
Title:
The situation of human rights in Yemen, including violations and abuses since September 2014. Report of the United Nations High Commissioner for Human Rights.
Source:
United Nations High Commissioner for Human Rights
Date of Document:
13 September 2017
Accessed Date:
27 October 2017
Title:
“We Lived Days in Hell”: Civilian Perspectives of the Conflict in Yemen
Source:
Center for Civilians in Conflict
Date of Document:
10 January 2017
Accessed Date:
12 October 2017
Title:
Report of the Working Group on the Universal Periodic Review: Yemen
Source:
United Nations. Human Rights Council.
Date of Document:
7 April 2014
Accessed Date:
23 January 2015
Keywords:
arbitrary arrest and detention; children; disappeared persons; domestic violence; female genital mutilation; freedom of expression; freedom of the press; gender equality; honour crimes; institutional efficacy; legal system; legislation; marriage; minorities; sexual violence; trafficking in persons
Title:
CORI Country Report : Yemen
Source:
Country of Origin Research and Information
Date of Document:
September 2014
Accessed Date:
23 January 2015
Keywords:
abduction; arbitrary arrest and detention; armed groups; children; conflict; corruption; country overview; domestic violence; election; ethnic and national groups; extralegal executions/killings; extremist/terrorist organizations; family law; female genital mutilation; freedom of expression; freedom of the press; gender-based violence; government corruption; honour crimes; human rights activists; humanitarian situation; internal displacement; legal system; marriage; military service; minorities; penal system; police/security forces; political activities; political opposition; religion; sexual minorities; sexual violence; social services; torture; trafficking in persons; tribes/clans
Title:
Yemen: Report on the situation of Human Rights
Source:
Gulf Center for Human Rights
Date of Document:
15 September 2017
Accessed Date:
27 October 2017
Title:
Perceptions of the Yemeni public on living conditions and security-related issues. Survey findings, Sanaa/Aden.
Source:
Yemen Polling Center
Date of Document:
May 2017
Accessed Date:
27 October 2017
3.
Identification Documents and Citizenship
Title:
Republican Decree No. 260, Concerning the Executive Regulation of the Law of Nationality
Accessed Date:
18 January 2013
Keywords:
citizenship; gender equality; legislation; nationality
Title:
Law No. 6 of 1990 on Yemeni Nationality
Accessed Date:
18 January 2013
Keywords:
citizenship; legislation; nationality
Title:
Republican Decree No. 3 of 1994, Executive Regulation of Law No. 6 of 1990 AD Concerning the Yemeni Nationality
Accessed Date:
18 January 2013
Keywords:
citizenship; gender equality; legislation; nationality
Title:
Requirements and procedures for obtaining a passport, both inside and outside the country; instances when a person would not be issued a passport (2013-September 2014)
Source:
Immigration and Refugee Board of Canada
Date of Document:
12 September 2014
Accessed Date:
23 January 2015
Keywords:
identity documents
4.
Political Activities and Organizations
Title:
Yemen: Is Peace Possible? Middle East Report N° 167.
Source:
International Crisis Group
Date of Document:
9 February 2016
Accessed Date:
8 December 2016
Title:
Republic of Yemen. Election for President of 21 February 2012.
Source:
International Foundation for Electoral Systems. Election Guide.
Accessed Date:
18 January 2013
Keywords:
election; political activities
Title:
Al-Hirak Al-Janoubi (Southern Movement), including its structure, leadership, objectives, members, activities, and area of operation; relationship with government (May 2008-April 2013)
Source:
Immigration and Refugee Board of Canada
Date of Document:
28 June 2013
Accessed Date:
29 January 2014
Keywords:
political activities; political organizations
Title:
I. Political Transformation. Bertelsmann Stiftung, BTI 2016 - Yemen Country Report.
Source:
Gütersloh: Bertelsmann Stiftung
Accessed Date:
8 December 2016
Title:
The Huthis: From Saada to Sanaa. Middle East Report N°154.
Source:
International Crisis Group
Date of Document:
10 June 2014
Accessed Date:
23 January 2015
Keywords:
conflict; corruption; map; minorities; political activities; religion
Title:
Discord in Yemen's North Could Be a Chance for Peace. Middle East Briefing N°54.
Source:
International Crisis Group
Date of Document:
11 October 2017
Accessed Date:
27 October 2017
Title:
Yemen: Civil War and Regional Intervention
Source:
United States. Congressional Research Service.
Date of Document:
21 March 2017
Accessed Date:
12 October 2017
Title:
Yemen: Stemming the Rise of a Chaos State
Date of Document:
May 2016
Accessed Date:
12 October 2017
Title:
CFR Backgrounders: Yemen in Crisis
Source:
Council on Foreign Relations
Date of Document:
19 April 2016
Accessed Date:
8 December 2016
Title:
Situation and treatment of former government officials who served under the Saleh government; whether they are targeted by Houthis; treatment of their family members (January 2015-November 2015)
Source:
Immigration and Refugee Board of Canada
Date of Document:
5 November 2015
Accessed Date:
25 January 2016
Keywords:
arbitrary arrest and detention; armed groups; conflict; disappeared persons; freedom of movement; political activities; political organizations
Title:
They are not here. Incidents of Arbitrary Detention and Enforced Disappearance under the defacto authority of Houthi armed group in Yemen.
Source:
Mwatana Organization for Human Rights
Date of Document:
May 2016
Accessed Date:
15 December 2016
Title:
The evolution of militant Salafism in Taiz
Source:
Sana'a Center for Strategic Studies
Date of Document:
29 September 2017
Author:
Bushra Al-Maqtari
Accessed Date:
27 October 2017
Title:
Yemen: Coalition's Blocking Aid, Fuel Endangers Civilians
Source:
Human Rights Watch
Date of Document:
27 September 2017
Accessed Date:
27 October 2017
Title:
Pathways for Peace and Stability in Yemen, 1st edition.
Source:
Search for Common Ground
Date of Document:
20 June 2017
Author:
Shoqi Maktary; Katie Smith
Accessed Date:
27 October 2017
Title:
'Where is my Father?': Detention and Disappearance in Huthi-Controlled Yemen.
Source:
Amnesty International
Date of Document:
18 May 2016
Accessed Date:
14 December 2016
Title:
Bombing Businesses: Saudi Coalition Airstrikes on Yemen's Civilian Economic Structures
Source:
Human Rights Watch
Date of Document:
10 July 2016
Accessed Date:
14 December 2016
5.
Gender, Domestic Violence and Children
Title:
Conflict and gender dynamics in Yemen. K4D Helpdesk Report.
Source:
Institute of Development Studies. Governance and Social Development Resource Centre.
Date of Document:
30 March 2017
Author:
Brigitte Rohwerder
Accessed Date:
12 October 2017
Title:
Yemen. Children and armed conflict. Report of the Secretary-General.
Code:
A/72/361–S/2017/821
Source:
United Nations. Security Council.
Date of Document:
24 August 2017
Accessed Date:
27 October 2017
Title:
Yemen. Social Institutions and Gender Index 2014.
Source:
Organization for Economic Co-operation and Development
Accessed Date:
20 April 2015
Keywords:
children; domestic violence; ethnic and national groups; family law; female genital mutilation; freedom of assembly; freedom of expression; freedom of movement; gender equality; gender-based violence; honour crimes; institutional efficacy; judicial efficacy; labour; legal system; legislation; marriage; minorities; police efficacy; police report; police/security forces; police/security forces complaints; race; religion; sexual violence; social services; tribes/clans
Title:
From the Ground Up: Gender and Conflict Analysis in Yemen
Source:
CARE International et al.
Date of Document:
October 2016
Accessed Date:
12 October 2017
Title:
Submission to the CEDAW Committee on Yemen's Periodic Report
Source:
Human Rights Watch
Date of Document:
February 2015
Accessed Date:
2 December 2015
Keywords:
children; domestic violence; family law; female genital mutilation; femicide; gender equality; gender-based violence; honour crimes; human rights activists; institutional efficacy; judicial efficacy; legislation; marriage; political activities; political organizations; religion; sexual violence; social services; trafficking in persons
Title:
GBV trend analysis 2015 Incident reporting by 30 local associations to INTERSOS – UNFPA for 8 governorates: Aden, Lahj, Abyan, Shabwa, Al Dhalea, Amran, Sada'a and Hajja
Date of Document:
December 2015
Accessed Date:
12 October 2017
Title:
Yémen: Les mutilations génitales féminines (MGF)
Source:
France. Office français de protection des réfugiés et apatrides.
Date of Document:
22 March 2016
Accessed Date:
14 December 2016
Title:
“Women nowadays do anything”: Women's role in conflict, peace and security in Yemen
Source:
Saferworld et al.
Date of Document:
June 2017
Author:
Marie-Christine Heinze; Marwa Baabbad
Editor:
Saleem Haddad et al.
Accessed Date:
12 October 2017
Title:
Yemen. State Sponsored Homophobia 2017: A world survey of sexual orientation laws: criminalisation, protection and recognition. 12th Edition.
Source:
International Lesbian, Gay, Bisexual, Trans and Intersex Association
Date of Document:
May 2017
Author:
Aengus Carroll; Lucas Ramón Mendos
Accessed Date:
12 October 2017
7.
Criminality and Corruption
Title:
Special Case: Yemen. Trafficking in Persons Report 2017.
Source:
United States. Department of State.
Date of Document:
June 2017
Accessed Date:
12 October 2017
Title:
Yemen. Country Reports on Terrorism 2016.
Source:
United States. Department of State.
Date of Document:
March 2017
Accessed Date:
12 October 2017
Title:
Yemen's al-Qaeda: Expanding the Base. Middle East Report N°174.
Source:
International Crisis Group
Date of Document:
2 February 2017
Accessed Date:
12 October 2017
Title:
Violent Extremism and Terrorism in Yemen. K4D Helpdesk Report.
Source:
Institute of Development Studies. Governance and Social Development Resource Centre.
Date of Document:
July 2017
Accessed Date:
12 October 2017
Title:
Concealed Killer. Fall of civilians by the landmines laid by the Ansar Allah Armed Group (the Houthis) and Saleh Forces.
Source:
Mwatana for Human Rights
Date of Document:
April 2017
Accessed Date:
12 October 2017
Title:
Information on military service and treatment of deserters / draft evaders in Yemen
Source:
Country of Origin Research and Information
Date of Document:
6 November 2014
Accessed Date:
15 December 2016
9.
Judiciary, Legal and Penal Systems
Title:
Torture in Yemen: Multiple Powers and One Behavior
Source:
Mwatana Organization for Human Rights
Date of Document:
24 June 2017
Accessed Date:
27 October 2017
10.
Police and Security Forces
Title:
Yemen: UAE Backs Abusive Local Forces
Source:
Human Rights Watch
Date of Document:
22 June 2017
Accessed Date:
12 October 2017
Title:
Yemen. Freedom of the Press 2016.
Accessed Date:
15 December 2016
Title:
Press in Yemen Faces Extinction – Journalists Need Support
Source:
Mwatana Organisation for Human Rights; Gulf Centre for Human Rights
Date of Document:
June 2017
Accessed Date:
12 October 2017
Title:
Yemen. International Religious Freedom Report for 2016.
Source:
United States. Department of State.
Date of Document:
15 August 2017
Accessed Date:
27 October 2017
Title:
Information on the Bohra religious group in Yemen, including treatment of members by society and authorities (January 2015-December 2015)
Source:
Immigration and Refugee Board of Canada
Date of Document:
16 December 2015
Accessed Date:
26 January 2016
Keywords:
conflict; minorities; police/security forces; religion
Title:
The politics driving Yemen's rising sectarianism
Source:
Sana'a Center for Strategic Studies
Date of Document:
31 May 2016
Accessed Date:
12 October 2017
13.
Nationality, Ethnicity and Race
Title:
Yemen. State of the World's Minorities and Indigenous Peoples 2016: Events of 2015.
Source:
Minority Rights Group International
Date of Document:
2 July 2016
Accessed Date:
15 December 2016
Title:
Relationship and treatment of Hashemites by authorities and other groups, including Houthis [Huthis] and extremist groups (2012-August 2015)
Source:
Immigration and Refugee Board of Canada
Date of Document:
9 September 2015
Accessed Date:
25 January 2016
Keywords:
armed groups; conflict; ethnic and national groups; extremist/terrorist organizations; institutional efficacy; minorities; political activities; political opposition; political organizations; religion
Title:
‘Even war discriminates': Yemen's minorities, exiled at home
Source:
Minority Rights Group International
Date of Document:
13 January 2016
Accessed Date:
12 October 2017
Title:
Treatment of Sunni Muslims by Houthis in areas under Houthi control (2014-September 2017)
Source:
Immigration and Refugee Board of Canada
Date of Document:
10 October 2017
Accessed Date:
27 October 2017
14.
Exit/Entry and Freedom of Movement
Title:
Security measures and entry and exit controls implemented at airports in the country (2012-June 2013)
Source:
Immigration and Refugee Board of Canada
Date of Document:
27 June 2013
Accessed Date:
29 January 2014
Keywords:
transport infrastructure
Title:
Task Force on Population Movement. 16th Report – October 2017.
Source:
International Organization for Migration et al.
Date of Document:
18 October 2017
Accessed Date:
27 October 2017
Title:
Treatment of returning Yemenis born or living abroad in Saudi Arabia, particularly by the Houthis (2014-April 2017)
Source:
Immigration and Refugee Board of Canada
Date of Document:
13 April 2017
Accessed Date:
27 October 2017
15.
Labour, Employment and Unions
Title:
Saving Lives Without Salaries: Government health staff in Yemen
Source:
Doctors Without Borders
Date of Document:
28 September 2017
Accessed Date:
27 October 2017
16.
Other - (No items in this section)
The following changes have been made to the previous package dated 31 October 2017:
Title:
Yemen. Country Reports on Human Rights Practices for 2016.
Source:
United States. Department of State.
Date of Document:
3 March 2017
URL:
http://www.state.gov/j/drl/rls/hrrpt/humanrightsreport/index.htm?year=2016&dlid=265528
Accessed Date:
8 March 2017
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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.
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IRB members (decision-makers) after considering the evidence and arguments presented by the parties.
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NDP. It cannot guarantee or be responsible for:
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The information presented in
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IRB or the Government of Canada.