MEMORANDUM

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To: Chairperson; RPD Deputy Chairperson; RPD ADCs; RPD Members; TOs

From: Sylvia Cox-Duquette, Senior General Counsel, Legal Services

Date: September 16, 2011

Re: Interpretation of the Convention Refugee Definition in the Case Law

Attached please find the updated version of the Legal Services paper Interpretation of the Convention Refugee Definition in the Case Law, dated December 31, 2010. The electronic version will be available in infonet and on the IRB's website.

This update replaces the previous version of the paper in its entirety and it includes case law up to December 2010. The previous paper and the addenda should be discarded.

Please note that the previous chapter 10 has been divided into two chapters: chapter 10 now deals with the exclusion clause Article 1E only, and chapter 11 deals with the exclusion clause 1F.

The following Legal Advisers contributed to the update of the paper:  Richard Tyndorf (chapters 2, 7, and 10); Jennifer Harnum (chapter 3); Linda Koch (chapter 4); Ritva Ahti (chapter 5); Michael Park (chapter 8); Gordon Hayhurst (chapter 9); Nancy Weisman (chapter 11); and Patricia Auron (chapters 1, 6, the Key Points document and the overall editing of the entire paper).

I trust that you will find this update useful. If you have any comments about the format or the content of the paper, please forward them to Patricia Auron, Legal Adviser, Western Region.


Original signed by
Sylvia Cox-Duquette
Senior General Counsel
Legal Services


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