December 2, 2016
On December 2, 2016, pursuant to section 159(1)(h) of the
Immigration and Refugee Protection Act and in accordance with the Policy on the Use of Jurisprudential Guides (Policy 2003-01, as amended on December 1, 2016), following consultation with the Deputy Chairpersons of the Refugee Protection Division (RPD) and the Refugee Appeal Division (RAD), the Chairperson of the Immigration and Refugee Board of Canada identified the following decision of the RAD as a Jurisprudential Guide:
Decision TB4-05778, June 27th, 2016.
Scope: Whether a claimant/appellant who is a citizen of the Democratic People’s Republic of Korea (North Korea) is deemed to be a citizen of the Republic of Korea (South Korea).
This decision concluded that the claimant/appellant who is a citizen of North Korea is deemed to be a citizen of South Korea. As such, pursuant to section 111(1)(a) of the
Immigration and Refugee Protection Act, the RPD decision was confirmed, the appeal was dismissed and the claimant/appellant was found to be neither a Convention refugee nor a person in need of protection.
This decision was identified as a Jurisprudential Guide because it offers a sound analysis of the legal and factual issues underlining the important question of the status of North Korean Nationals in South Korea – a question for which updated evidence was provided to the RAD after the Federal Court issued its decision in
Kim v. Canada (Citizenship and Immigration), 2010 FC 720.
As set out in the
Policy on the Use of Jurisprudential Guides (Policy 2003-01, as amended on December 1, 2016), RPD and RAD decision-makers are expected to apply Jurisprudential Guide
Decision TB4-05778 in cases with similar facts or provide reasoned justifications for not doing so.
Immigration and Refugee Board of Canada
(December 2, 2016)