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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
31 May 2018
GAMBIA
List of Documents
1.
General Information and Maps
Source:
United States. Central Intelligence Agency.
Accessed Date:
6 November 2012
Title:
Sénégal - Gambie - Cap-Vert. L'Encyclopédie en ligne.
Accessed Date:
6 November 2012
Title:
Gambia. The World Factbook.
Source:
United States. Central Intelligence Agency.
Date of Document:
1 May 2018
Accessed Date:
10 May 2018
Title:
Country Information and Guidance. The Gambia: Sexual orientation and gender identity. Version 1.0.
Source:
United Kingdom. Home Office.
Date of Document:
January 2016
Accessed Date:
18 March 2016
Keywords:
international guidance note; legislation; sexual minorities
Title:
Country Policy and Information Note. Gambia: opposition to the government. Version 1.0.
Source:
United Kingdom. Home Office.
Date of Document:
March 2017
Accessed Date:
19 May 2017
Title:
Country Policy and Information Note. Gambia: Female genital mutilation (FGM). Version 1.0.
Source:
United Kingdom. Home Office.
Date of Document:
December 2016
Accessed Date:
3 May 2017
Title:
Country Policy and Information Note. Gambia: Political opinion. Version 2.0.
Source:
United Kingdom. Home Office.
Date of Document:
March 2017
Accessed Date:
1 May 2018
Title:
EASO Country of Origin Information Report. The Gambia: Country Focus.
Source:
European Union. European Asylum Support Office.
Date of Document:
1 December 2017
Accessed Date:
1 May 2018
Title:
Gambia. Country Reports on Human Rights Practices for 2017.
Source:
United States. Department of State.
Date of Document:
20 April 2018
Accessed Date:
23 April 2018
Title:
Gambia, The. Freedom in the World 2018.
Accessed Date:
10 May 2018
Title:
Gambia. World Report 2018: Events of 2017.
Source:
Human Rights Watch
Date of Document:
January 2018
Accessed Date:
1 May 2018
Title:
Gambia. Amnesty International Report 2017/2018: The State of the World's Human Rights.
Source:
Amnesty International
Date of Document:
22 February 2018
Accessed Date:
22 February 2018
3.
Identification Documents and Citizenship
Title:
Chapter III. Citizenship. Constitution of The Republic of The Gambia, 1997.
Accessed Date:
18 March 2016
Keywords:
children; citizenship; legislation; marriage
Title:
The Gambia Reciprocity Schedule
Source:
United States. Department of State.
Accessed Date:
3 May 2018
Title:
Whether the National Identity Number, NIN, is permanent or may be modified
Source:
Immigration and Refugee Board of Canada
Date of Document:
28 October 2014
Accessed Date:
26 May 2015
Keywords:
identity documents
4.
Political Activities and Organizations
Title:
Republic of the Gambia. Election for Gambian National Assembly of 6 April 2017.
Source:
International Foundation for Electoral Systems. Election Guide.
Accessed Date:
19 May 2017
Title:
Republic of the Gambia. Election for President of 1 December 2016.
Source:
International Foundation for Electoral Systems. Election Guide.
Accessed Date:
19 May 2017
Title:
Information on the treatment of members or supporters of the Alliance for Patriotic Reorientation and Construction (APRC) Party by authorities (January 2017-July 2017)
Source:
Immigration and Refugee Board of Canada
Date of Document:
31 July 2017
Accessed Date:
18 May 2018
Title:
Gambia (The). National Assembly.
Source:
Inter-Parliamentary Union. Parline.
Date of Document:
26 April 2018
Accessed Date:
3 May 2018
Title:
Final report: The Gambia. National Assembly Elections 6 April 2017.
Source:
European Union. Election Observation Mission.
Date of Document:
September 2017
Accessed Date:
3 May 2018
Title:
Democratic Transition in the Gambia, The Burden of Leadership and Consolidation.
Source:
Centre for Democracy and Development
Date of Document:
24 February 2017
Author:
Idayat Hassan; Philip Olayoku
Accessed Date:
3 May 2017
Title:
The Gambia after Elections: Implications for Governance and Security in West Africa
Source:
Friedrich Ebert Foundation
Date of Document:
10 March 2017
Author:
Edrissa Sanyang; Sanna Camara
Accessed Date:
3 May 2017
5.
Gender, Domestic Violence and Children
Title:
Gambia, The. Social Institutions and Gender Index 2014.
Source:
Organisation for Economic Cooperation and Development
Accessed Date:
19 May 2015
Keywords:
arbitrary arrest and detention; children; domestic violence; family law; female genital mutilation; freedom of assembly; freedom of expression; freedom of movement; freedom of the press; gender equality; gender-based violence; human rights activists; labour; legal system; legislation; marriage; police efficacy; religion; sexual violence; social services; statistics
Title:
The practice of female genital mutilation (FGM); treatment of people and NGOs who oppose the practice; state protection provided to victims and to people who oppose the practice (2016-May 2018)
Source:
Immigration and Refugee Board of Canada
Date of Document:
18 May 2018
Accessed Date:
31 May 2018
Title:
Country Profile: FGM in the Gambia
Date of Document:
March 2015
Accessed Date:
30 March 2016
Keywords:
children; ethnic and national groups; female genital mutilation; gender equality; human rights activists; legal system; legislation; police/security forces; religion
Title:
Women's Stories, Women's Lives: Male Authority in Muslim Contexts
Accessed Date:
30 May 2017
Title:
Gambia. State Sponsored Homophobia 2017: A world survey of sexual orientation laws: criminalisation, protection and recognition.
Source:
International Lesbian, Gay, Bisexual, Trans and Intersex Association
Date of Document:
May 2017
Author:
Aengus Carroll; Lucas Ramón Mendos
Accessed Date:
19 May 2017
Title:
Gambie : Situation des LGBTI (lesbiennes, gays, bisexuels, transgenre, intersexe)
Source:
Organisation suisse d'aide aux réfugiés
Date of Document:
28 July 2015
Accessed Date:
16 December 2015
Keywords:
legislation; police/security forces; police/security forces complaints; sexual minorities; sexual violence
Title:
Gambia. Status of LGBTI People in Cameroon, Gambia, Ghana and Uganda.
Source:
Finnish Immigration Service
Date of Document:
3 December 2015
Accessed Date:
25 May 2016
Keywords:
arbitrary arrest and detention; crime; freedom of assembly; freedom of expression; freedom of the press; gender equality; human rights activists; institutional efficacy; judicial efficacy; legal system; legislation; penal system; police corruption; police/security forces; police/security forces complaints; political activities; religion; sexual minorities; sexual violence; statistics; torture
Title:
Criminal Code (Amendment) Act, 2014
Date of Document:
9 October 2014
Accessed Date:
20 May 2015
Keywords:
legislation; sexual minorities
7.
Criminality and Corruption
Title:
Gambia, The: Tier 2 Watch List. 2017 Trafficking in Persons Report.
Source:
United States. Department of State.
Date of Document:
June 2017
Accessed Date:
3 May 2018
Title:
The Gambia. 2017 Crime and Safety Report.
Source:
United States. Overseas Security Advisory Council.
Date of Document:
13 March 2017
Accessed Date:
3 May 2018
8.
Military Service - (No items in this section)
9.
Judiciary, Legal and Penal Systems
Title:
Gambia: Truth Commission to Uncover Jammeh Abuses
Source:
Human Rights Watch
Date of Document:
12 December 2017
Accessed Date:
3 May 2018
10.
Police and Security Forces - (No items in this section)
Title:
Gambia, The. Freedom of the Press 2017.
Accessed Date:
3 May 2018
Title:
Gambia, The. Freedom on the Net 2017.
Accessed Date:
10 May 2018
Title:
The Gambia: Draft regulatory guidelines on media ownership
Date of Document:
July 2017
Accessed Date:
3 May 2018
Title:
Freedom of Expression and Media Pluralism in The Gambia. Analysis in the Context of Democratisation and Transitional Justice.
Date of Document:
February 2018
Accessed Date:
10 May 2018
Title:
Gambia. International Religious Freedom Report 2017.
Source:
United States. Department of State.
Date of Document:
29 May 2018
Accessed Date:
31 May 2018
13.
Nationality, Ethnicity and Race - (No items in this section)
14.
Exit/Entry and Freedom of Movement - (No items in this section)
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 30 April 2018:
Title:
Gambia. The World Factbook.
Source:
United States. Central Intelligence Agency.
Date of Document:
8 May 2017
URL:
https://www.cia.gov/library/publications/the-world-factbook/geos/ga.html
Accessed Date:
30 May 2017
Title:
Gambia. World Report 2017: Events of 2016.
Source:
Human Rights Watch
Date of Document:
January 2017
URL:
https://www.hrw.org/world-report/2017/country-chapters/gambia
Accessed Date:
3 May 2017
Title:
Gambia. Amnesty International Report 2016/17: The State of the World's Human Rights.
Source:
Amnesty International
URL:
https://www.amnesty.org/en/countries/africa/gambia/report-gambia/
Accessed Date:
3 May 2017
Title:
Gambia, The. Freedom in the World 2016.
URL:
https://freedomhouse.org/report/freedom-world/2016/gambia
Accessed Date:
19 May 2017
Title:
The Gambia Reciprocity Schedule
Source:
United States. Department of State.
URL:
http://travel.state.gov/content/visas/english/fees/reciprocity-by-country/GA.html
Accessed Date:
19 May 2017
Title:
Gambia, The (Tier 3). 2016 Trafficking in Persons Report.
Source:
United States. Department of State.
Date of Document:
June 2016
URL:
https://www.state.gov/j/tip/rls/tiprpt/countries/2016/258770.htm
Accessed Date:
3 May 2017
Title:
Gambia, The. Freedom of the Press 2016.
URL:
https://freedomhouse.org/report/freedom-press/2016/gambia
Accessed Date:
3 May 2017
Title:
Gambia, The. Freedom on the Net 2016.
URL:
https://freedomhouse.org/report/freedom-net/2016/the-gambia
Accessed Date:
3 May 2017
Title:
Gambia, The. International Religious Freedom Report for 2015.
Source:
United States. Department of State.
Date of Document:
10 August 2016
URL:
http://www.state.gov/j/drl/rls/irf/religiousfreedom/index.htm?year=2015&dlid=256027
Accessed Date:
3 May 2017
Title:
Report of the Working Group on the Universal Periodic Review: Gambia
Source:
United Nations. Human Rights Council.
Date of Document:
24 December 2014
URL:
http://www.ohchr.org/EN/HRBodies/UPR/Pages/GMIndex.aspx
Accessed Date:
19 May 2015
Keywords:
arbitrary arrest and detention; children; disappeared persons; domestic violence; election; ethnic and national groups; extralegal executions/killings; family law; female genital mutilation; freedom of assembly; freedom of expression; freedom of the press; gender equality; gender-based violence; human rights activists; judicial efficacy; labour; legal system; legislation; marriage; penal system; police efficacy; police/security forces; political activities; political organizations; religion; sexual minorities; sexual violence; social services; torture; trafficking in persons
Title:
Report of the Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Juan E. Méndez - Addendum: Mission to the Gambia
Source:
United Nations. Human Rights Council.
Date of Document:
16 March 2015
URL:
http://www.ohchr.org/EN/HRBodies/HRC/RegularSessions/Session28/Documents/A_HRC_28_68_Add_4_en.doc
Accessed Date:
26 May 2015
Keywords:
arbitrary arrest and detention; armed groups; children; domestic violence; extralegal executions/killings; female genital mutilation; freedom of assembly; gender-based violence; human rights activists; judicial efficacy; legal system; legislation; penal system; police efficacy; police/security forces; police/security forces complaints; political activities; sexual minorities; sexual violence; torture
Title:
Treatment of members and supporters of the National Reconciliation Party (NRP) by the authorities and other groups (2012-July 2013)
Source:
Immigration and Refugee Board of Canada
Date of Document:
1 August 2013
URL:
http://irb-cisr.gc.ca/Eng/ResRec/RirRdi/Pages/index.aspx?doc=455230&pls=1
Accessed Date:
28 April 2014
Keywords:
political activities; political opposition; political organizations
Title:
Treatment of members and supporters of the United Democratic Party (UDP) (April 2010-August 2013)
Source:
Immigration and Refugee Board of Canada
Date of Document:
29 August 2013
URL:
http://irb-cisr.gc.ca/Eng/ResRec/RirRdi/Pages/index.aspx?doc=454772&pls=1
Accessed Date:
28 April 2014
Keywords:
arbitrary arrest and detention; election; freedom of assembly; freedom of expression; freedom of the press; political activities; political opposition; political organizations
Title:
Dangerous to Dissent: Human Rights Under Threat in Gambia
Source:
Amnesty International
Date of Document:
2 June 2016
URL:
https://www.amnesty.org/en/documents/afr27/4138/2016/en/
Accessed Date:
3 May 2017
Title:
People's Progressive Party (PPP), including structure and leadership; treatment of members and supporters of the party by authorities (January 2015-September 2015)
Source:
Immigration and Refugee Board of Canada
Date of Document:
2 October 2015
URL:
http://irb-cisr.gc.ca/Eng/ResRec/RirRdi/Pages/index.aspx?doc=456144
Accessed Date:
25 May 2016
Keywords:
arbitrary arrest and detention; disappeared persons; election; political opposition; political organizations; political prisoners; torture
Title:
Concluding observations on the combined fourth and fifth periodic reports of the Gambia
Source:
United Nations. Committee on the Elimination of Discrimination Against Women.
Date of Document:
28 July 2015
URL:
http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CEDAW/C/GMB/CO/4-5&Lang=En
Accessed Date:
30 March 2016
Keywords:
children; family law; female genital mutilation; gender equality; gender-based violence; institutional efficacy; judicial efficacy; legislation; marriage; religion; sexual violence; social services
Title:
Concluding observations on the combined second and third periodic reports of the Gambia
Source:
United Nations. Committee on the Rights of the Child.
Date of Document:
20 February 2015
URL:
http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CRC%2fC%2fGMB%2fCO%2f2-3&Lang=en
Accessed Date:
21 May 2015
Keywords:
children; domestic violence; family law; female genital mutilation; freedom of expression; gender equality; identity documents; institutional efficacy; judicial efficacy; labour; legal system; legislation; marriage; penal system; police efficacy; sexual minorities; sexual violence; social services; trafficking in persons
Title:
The practice of female genital mutilation (FGM), and the treatment of people and NGOs who oppose the practice, as well as the state protection provided to victims and to people who oppose the practice (2010-July 2013)
Source:
Immigration and Refugee Board of Canada
Date of Document:
1 August 2013
URL:
http://irb-cisr.gc.ca/Eng/ResRec/RirRdi/Pages/index.aspx?doc=455838&pls=1
Accessed Date:
26 May 2015
Keywords:
children; ethnic and national groups; female genital mutilation; gender equality; human rights activists; legal system; legislation; police/security forces; religion
Title:
Report of the Special Rapporteur on extrajudicial, summary or arbitrary executions, Christof Heyns. Addendum. Mission to the Gambia
Source:
United Nations. Human Rights Council.
Date of Document:
11 May 2015
URL:
http://ap.ohchr.org/documents/dpage_e.aspx?si=A/HRC/29/37/Add.2
Accessed Date:
30 March 2016
Keywords:
abduction; arbitrary arrest and detention; disappeared persons; extralegal executions/killings; political activities; political opposition; political organizations; political prisoners; torture
Title:
Country Policy and Information Note. Gambia: Political opinion. Version 2.0.
Source:
United Kingdom. Home Office.
Date of Document:
March 2017
URL:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/601994/Gambia_-_Pol_Opn_-_CPIN_-_v2_0.pdf
Accessed Date:
1 May 2018
Title:
EASO Country of Origin Information Report. The Gambia: Country Focus.
Source:
European Union. European Asylum Support Office.
Date of Document:
1 December 2017
URL:
https://coi.easo.europa.eu/administration/easo/PLib/coi-report-gambia.pdf
Accessed Date:
1 May 2018
Title:
Information on the treatment of members or supporters of the Alliance for Patriotic Reorientation and Construction (APRC) Party by authorities (January 2017-July 2017)
Source:
Immigration and Refugee Board of Canada
Date of Document:
31 July 2017
URL:
http://irb-cisr.gc.ca/Eng/ResRec/RirRdi/Pages/index.aspx?doc=457160
Accessed Date:
18 May 2018
Title:
Gambia (The). National Assembly.
Source:
Inter-Parliamentary Union. Parline.
Date of Document:
26 April 2018
URL:
http://archive.ipu.org/parline-e/reports/2117.htm
Accessed Date:
3 May 2018
Title:
Final report: The Gambia. National Assembly Elections 6 April 2017.
Source:
European Union. Election Observation Mission.
Date of Document:
September 2017
URL:
https://eeas.europa.eu/sites/eeas/files/final_report_eu_eom_the_gambia_2017_0.pdf
Accessed Date:
3 May 2018
Title:
The practice of female genital mutilation (FGM); treatment of people and NGOs who oppose the practice; state protection provided to victims and to people who oppose the practice (2016-May 2018)
Source:
Immigration and Refugee Board of Canada
Date of Document:
18 May 2018
URL:
http://irb-cisr.gc.ca/Eng/ResRec/RirRdi/Pages/index.aspx?doc=457495
Accessed Date:
31 May 2018
Title:
The Gambia. 2017 Crime and Safety Report.
Source:
United States. Overseas Security Advisory Council.
Date of Document:
13 March 2017
URL:
https://www.osac.gov/Pages/ContentReportDetails.aspx?cid=21440
Accessed Date:
3 May 2018
Title:
Gambia: Truth Commission to Uncover Jammeh Abuses
Source:
Human Rights Watch
Date of Document:
12 December 2017
URL:
https://www.hrw.org/news/2017/12/12/gambia-truth-commission-uncover-jammeh-abuses
Accessed Date:
3 May 2018
Title:
The Gambia: Draft regulatory guidelines on media ownership
Date of Document:
July 2017
URL:
https://www.article19.org/reSource::s/the-gambia-draft-regulatory-guidelines-on-media-ownership/
Accessed Date:
3 May 2018
Title:
Freedom of Expression and Media Pluralism in The Gambia. Analysis in the Context of Democratisation and Transitional Justice.
Date of Document:
February 2018
URL:
https://eeas.europa.eu/sites/eeas/files/eud_report_freedom_of_expression_media_pluralism_the_gambia_media4democracy.pdf
Accessed Date:
10 May 2018
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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
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NDP.
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