Jurisprudential guides

Jurisprudential Guides are policy instruments that support consistency in adjudicating cases which share essential similarities. A Jurisprudential Guide serves to build a Division’s jurisprudence upon well-reasoned decisions.

Drawing on the common law tradition of precedent and the tribunal tradition of policy-making through adjudication, Jurisprudential Guides articulate policy through the application of the law set out in a decision of the Board to the specific facts of another individual case before a decision-maker. This is to be contrasted with Guidelines, which are general statements, not incorporated in any decision of the Board.

As set out in the Policy on the Use of Jurisprudential Guides (Policy 2003-01, as amended on December 1, 2016), decision-makers are expected to apply Jurisprudential Guides in cases with similar facts or provide reasoned justifications for not doing so.

The Immigration and Refugee Protection Act, in paragraph 159(1)(h), provides statutory authority for the use of Jurisprudential Guides.

Jurisprudential guides

Refugee appeal

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

Refugee appeals

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

Refugee claims

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