Effective date: June 5, 2019 | Policy note
On this page
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Purpose
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Application
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Definitions
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Policy Statement
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General Principles
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Disclosure of
NDPs in Claims and Appeals
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Release of a Jurisprudential Guide
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Implementation
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Monitoring
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References
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Enquiries
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Approval
1. Purpose
The objective of this policy is to ensure that National Documentation Packages (NDPs) are used as the standard source of country of origin information (COI) evidence by the Immigration and Refugee Board of Canada (IRB or the Board).
The
IRB's mission is to render well-reasoned decisions on immigration and refugee matters efficiently, fairly and in accordance with the law. To support this goal, the
IRB uses
COI that is based on a variety of publicly available sources that are, whenever possible, viewed as reliable and objective.
This policy supports quality and consistency in the determination of refugee protection claims and appeals and promotes operational efficiency and effective case management.
2. Application
This policy applies to all
NDPs developed in support of refugee determination by the
IRB. This policy replaces the March 2007
Policy on Country of Origin Packages in Refugee Protection Claims, the May 2003
Policy on Document Harmonization in Support of Jurisprudential Guides and any references to them in other instruments.
3. Definitions
Country of origin information
(COI): Information about the situation in a country that is relevant to the refugee determination process and obtained from publicly available sources that are viewed as, whenever possible, reliable and objective.
IRB Research Directorate (RD): The
RD aims to provide thorough and objective information on a broad range of topics relating to the social, political, economic and human rights conditions in countries of origin of refugee claimants. Information is gathered from a variety of publicly available sources, including national and international governmental and non-governmental organizations, human rights monitors, academics, publications and news services. The
RD is responsible for the development of
NDPs and other
COI products, including Responses to Information Requests (RIR).
Jurisprudential Guide
(JG): A decision identified by the Chairperson as a
JG pursuant to section 159(1)(h) of the
Immigration and Refugee Protection Act (IRPA).Note 1
National Documentation Package
(NDP): A selection of
COI documents on a given country from which refugee claims originate, compiled by the
RD based on information that is, whenever possible, accurate, balanced, and corroborated.
4. Policy Statement
It is the policy of the
IRB to develop and use
NDPs to support refugee determination at the Board.
In support of this policy and in accordance with its mandate, the
RD develops
NDPs, used by the Refugee Protection Division (RPD) and the Refugee Appeal Division (RAD). The development of an
NDP is a process that involves the selection and quality assurance review of publicly available
COI on a given country, following the general principles set out in section five.
NDPs ensure the availability of a common base of
COI evidence in all refugee claims and appeals.
5. General Principles
- The
IRB produces
NDPs for every country from which refugee claims originate.
- The
RPD and
RAD will consider the most recent
NDP(s) in support of assessing forward-looking risk.
- In order to respond to the information needs of the
RPD and
RAD, the
RD consults with the Divisions in the development of
NDPs.
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NDPs are updated regularly, according to the
RD's update schedule.
NDPs are also subject to
ad-hoc amendments in order to respond to the identification of newly emerging issues.
- The regular update of
NDPs will take into consideration suggestions from external stakeholders.
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NDPs are publicly available on the
IRB's website.
- The content of
NDPs and their availability in Canada's official languages is subject to copyright considerations.
6. Disclosure of
NDPs in Claims and Appeals
Relevant
NDP(s) are disclosed to the parties in every refugee claim before the
RPD as the standard source of
COI evidence in refugee determination. As per
RPD Rule 33(2), the
RPD provides the parties with information as to where the
NDP can be found on the Board's website, and it is the parties' responsibility to check the
IRB website for the newest version of the relevant
NDP(s) prior to their hearing.
As such, the relevant
NDP(s) considered by the
RPD form(s) part of the
RPD record that is provided to the
RAD in every appeal. The
RAD will disclose to the parties new
NDP documents only when they wish to rely upon them.Note 2 The parties are then provided with an opportunity to respond.
The use of
NDPs does not preclude the disclosure of additional
COI not contained in an
NDP by the Division or a party to a proceeding. Such information must be disclosed on a case-by-case basis, subject to the legal and procedural requirements of each Division.
7. Release of a Jurisprudential Guide
When the Chairperson identifies a decision as a
JG, the
NDP for the relevant country will be amended to make accessible, in a separate section within the
NDP, all
COI documents specifically cited in the
JG. This version of the
NDP will be issued when the
JG is published on the
IRB website.
8. Implementation
The
RD and the Policy, Outreach and Engagement Directorate (POED) are responsible for the implementation of this policy.
9. Monitoring
The monitoring of this policy will be carried out by
POED.
10. References
11. Enquiries
For information, contact:
Director, Research Directorate
Tribunal Services Branch
Minto Place – Canada Building
344 Slater Street, 12th floor
Ottawa, Ontario K1A 0K1
12. Approval
Signed by
Richard Wex
Chairperson
June 5, 2019