Jurisprudential Guides are decisions that are well-written, detailed, and contain persuasive reasoning. The identification of jurisprudential guides facilitates fair decision-making consistent with the IRB’s statutory obligation to deal with all proceedings before it as informally and quickly as the circumstances and the considerations of fairness and natural justice permit.
Drawing on the common law tradition of precedent and the tribunal tradition of policy-making through adjudication, jurisprudential guides enable the establishment of a cohesive and coherent jurisprudence.
As set out in the Policy on the Use of Jurisprudential Guides (Policy 2003-01, as amended on December 3, 2019), members are encouraged to follow the reasoning set out in jurisprudential guides in cases with similar facts or explain their reasons for not doing so.
Paragraph 159(1)(h) of the Immigration and Refugee Protection Act provides that the Chairperson may identify decisions of the Board as jurisprudential guides.
TB7-19851 (July 2018)
This Jurisprudential Guide addresses internal flight alternatives in major cities in south and central Nigeria for claimants fleeing non-state actors. Decision TB7-19851
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. Decision TB7-01837
MB6-01059/60 (February 2017)
This Jurisprudential Guide looks at the availability of a viable internal flight alternative in India for claimants from Punjab. Decision MB6-01059/60
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). Decision TB4-05778
Revoked jurisprudential guides
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. Decision TB6-11632
MB6-01059/60 (November 2018)
The availability of an internal flight alternative in India for claimants from Punjab. Decision MB6-01059/60
TA2-14980 (March 2003)
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. Decision TA2-14980