Jurisprudential guides are decisions that the Chairperson of the IRB has selected as good examples for other decision-makers. Jurisprudential guides promote consistency and fairness in decision-making.
The Chairperson may select a decision as a jurisprudential guide because it speaks to an important issue that may come up again, because it is well-written and detailed, or because its reasoning is especially clear.
Policy on the Use of Chairperson's Guidelines and Jurisprudential guides, members are expected to follow the reasoning set out in jurisprudential guides when they are deciding cases with similar facts. When they do not follow that reasoning, the policy requires that members explain their reasons for not doing so.
Paragraph 159(1)(h) of the
Immigration and Refugee Protection Act provides the authority for the Chairperson to select decisions as jurisprudential guides.
TC1-05038 (July 2022)
The decision gives guidance on properly assessing claims for protection by people who say they have experienced gang-targeting or other criminal acts. It also sets out a framework for considering the ‘generalized risk’ exception to protection under paragraph 97(1)(b) of the
Immigration and Refugee Protection Act (IRPA).
MB8-00025 (November 2020)
MB8-00025 confirms that the preferred interpretation of the Refugee Convention is that allegations of risk in a country of residence are to be taken into consideration in the analysis of whether a refugee claimant is excluded from refugee protection under Article 1E (paragraphs 22-71).
TB7-01837 (May 2017)
This Jurisprudential Guide looks at 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.
TB4-05778 (June 2016)
The issue in this decision that forms the basis of the Jurisprudential Guide is 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).
Revoked jurisprudential guides
TB7-19851 (revoked April 2020)
Developments in the country of origin information related to the Nigeria Jurisprudential Guide (JG) have diminished the value of the decision as a JG. The Chairperson has revoked the identification of RAD decision TB7-19851 as a JG as of April 6, 2020.
Despite the developments in country of origin information, TB7-19851 continues to provide a helpful conceptual framework in some cases. As a result, TB7-19851 will be identified as a RAD Reasons of Interest.
TB6-11632 (revoked June 2019)
This decision provided an analysis of Chinese exit control procedures and the ability for those being sought by the authorities to exit China via an airport using a genuine passport.
MB6-01059/60 (November 2018)
The availability of an internal flight alternative in India for claimants from Punjab.
Costa Rican claimants seeking protection due to their fear of criminality. The issue in this decision that forms the basis of the Jurisprudential Guide is the determination of the availability of state protection.