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Jurisprudential Guides Notes
Jurisprudential Guides Notes
On
July 28, 2022, the Chairperson identified the following Refugee Appeal Division decision as being a
Jurisprudential Guide:
-
Decision TC1 05038 – The proper interpretation of the ‘generalized risk’ exception to protection found at subparagraph 97(1)(b)(ii) of the Act, in claims for protection involving allegations of gang-targeting or other acts of criminality.
On
December 22, 2020, the Chairperson identified the following Refugee Appeal Division decision as being a
Jurisprudential Guide.
-
Decision MB8-00025 – This Jurisprudential Guide addresses, in applying Article 1E of the Refugee Convention, whether members should consider allegations of risk in a country of residence if they conclude that a refugee claimant has the rights and obligations which are attached to the possession of nationality in that country.
On
July 6, 2018, the Chairperson identified the following Refugee Appeal Division decision as being a
Jurisprudential Guide.
-
Decision TB7-19851 – Nigeria – This Jurisprudential Guide addresses internal flight alternatives in major cities in south and central Nigeria for claimants fleeing non-state actors.
Revoked
The country documentation referenced in each of these decisions has been included in s.16 of the updated National Documentation Packages published on July 10, 2018.
On
July 20, 2017, the Chairperson identified the following Refugee Appeal Division decision as being
Jurisprudential Guides.
-
Decision TB7-01837 – Pakistan – 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 MB6-01059/60 – India – Availability of an internal flight alternative in India for claimants from Punjab.
Revoked
-
Decision TB6-11632 – China – Analysis of the efficacy of the Chinese national computer network known as the Golden Shield Project and its impact on whether a person wanted by the authorities can exit China via an airport using a genuine passport.
Revoked
The country documentation referenced in each of these decisions has been included in s.16 of the updated National Documentation Packages published on July 20, 2017.
Back
29 March 2019
MEXICO
List of Documents
1.
General Information and Maps
Source:
United States. Central Intelligence Agency.
Accessed Date:
23 October 2012
Title:
Mexico. The World Factbook.
Source:
United States. Central Intelligence Agency.
Date of Document:
20 August 2018
Accessed Date:
27 August 2018
Title:
Mexico City Center
Source:
Advantage Mexico. Accent Discount Travel.
Accessed Date:
23 October 2012
Title:
Mexique. L'Encyclopédie en ligne.
Accessed Date:
23 October 2012
Title:
Results and Findings. Mexico Peace Index 2018
Source:
Institute for Economics and Peace
Date of Document:
20 April 2018
Accessed Date:
25 September 2018
Title:
Mexico. Country Reports on Human Rights Practices for 2018.
Source:
United States. Department of State.
Date of Document:
13 March 2019
Accessed Date:
18 March 2019
Title:
Mexico. Amnesty International Report 2017/2018: The State of the World's Human Rights.
Source:
Amnesty International
Date of Document:
22 February 2018
Accessed Date:
27 August 2018
Title:
Mexico. World Report 2018: Events of 2017.
Source:
Human Rights Watch
Date of Document:
January 2018
Accessed Date:
27 August 2018
Title:
Submission to the Universal Periodic Review of Mexico: 31st session of the Universal Periodic Review; 3rd cycle.
Source:
Human Rights Watch
Date of Document:
29 March 2018
Accessed Date:
27 August 2018
Title:
Mexico: Reformed Laws, Unchanged Reality
Source:
Amnesty International
Date of Document:
25 May 2018
Accessed Date:
27 August 2018
Title:
Follow-up of Recommendations Made by the IACHR in its Report on the Human Rights Situation in Mexico. Inter-American Commission on Human Rights Annual Report 2016.
Source:
Organization of American States. Inter-American Commission on Human Rights.
Date of Document:
27 April 2016
Accessed Date:
1 August 2017
Title:
Reckless Exploit: Mexican Journalists, Lawyers, and a Child Targeted with NSO Spyware
Source:
University of Toronto. Munk School of Global Affairs. Citizen Lab.
Date of Document:
19 June 2017
Author:
John Scott-Railton et al.
Accessed Date:
25 August 2017
Title:
Mexico. Freedom in the World 2018.
Accessed Date:
27 August 2018
Title:
Report of the Special Rapporteur on the situation of human rights defenders on his mission to Mexico
Source:
United Nations. Human Rights Council.
Date of Document:
12 February 2018
Accessed Date:
27 August 2018
Title:
Mexico's New Disappearances Law is an Important Step towards Ending the Disappearances and Impunity Crises in the Country
Source:
Washington Office on Latin America et al.
Date of Document:
12 October 2017
Accessed Date:
27 August 2018
3.
Identification Documents and Citizenship
Title:
Chapters II, III and IV. Mexico's Constitution of 1917 with Amendments through 2015.
Source:
Mexico; Comparative Constitutions Project
Accessed Date:
27 August 2018
Title:
Documents required and government checks conducted in connection with issuing or renewing a passport; the length of time it takes to issue or renew a passport; differences among passports valid for one, three, six or ten years
Source:
Immigration and Refugee Board of Canada
Date of Document:
1 September 2010
Accessed Date:
23 October 2012
Keywords:
citizenship; identity documents
Title:
Report on Citizenship Law: Mexico
Source:
European University Institute. European Union Democracy Observatory on Citizenship.
Date of Document:
August 2015
Accessed Date:
1 August 2017
Title:
Mexico. U.S. Visa: Reciprocity and Civil Documents by Country.
Source:
United States. Department of State.
Accessed Date:
27 August 2018
Title:
Voter identification card (credencial para votar); whether a cardholder must make notification of a change of address; whether it can be used as an identification document; whether the card is punched in some manner once a person has voted; ...
Source:
Immigration and Refugee Board of Canada
Date of Document:
8 August 2014
Accessed Date:
28 August 2014
Keywords:
citizenship; crime; document fraud; election; identity documents; legislation
Title:
Whether a third party can access personal information included in government databases, including home address, through the Unique Population Registration Code (Clave Única de Registro de Población, CURP) or driver's license; protection of ...
Source:
Immigration and Refugee Board of Canada
Date of Document:
3 July 2018
Accessed Date:
23 August 2018
Title:
Rights and obligations of permanent residents; conditions under which permanent residence is cancelled (2016-June 2018)
Source:
Immigration and Refugee Board of Canada
Date of Document:
26 June 2018
Accessed Date:
23 August 2018
4.
Political Activities and Organizations
Title:
I. Political Transformation. Transformation Index 2018 Country Report: Mexico.
Source:
Bertelsmann Stiftung
Accessed Date:
27 August 2018
Title:
United Mexican States. Election for President of 1 July 2018.
Source:
International Foundation for Electoral Systems. Election Guide.
Accessed Date:
27 August 2018
Title:
United Mexican States. Election for Camara De Senadores (Mexican Senate) of 1 July 2018.
Source:
International Foundation for Electoral Systems. Election Guide.
Accessed Date:
27 August 2018
Title:
Civic Freedom Monitor: Mexico
Source:
The International Center for Not-for-Profit Law
Date of Document:
18 April 2018
Accessed Date:
27 August 2018
Title:
Mexico Election Guide: June 2017 Gubernatorial Election and July 2018 Presidential Election
Source:
Council on Hemispheric Affairs
Date of Document:
31 May 2017
Accessed Date:
1 August 2017
Title:
United Mexican States. Election for Camara De Diputados (Mexican Chamber Of Deputies) of 1 July 2018.
Source:
International Foundation for Electoral Systems. Election Guide.
Accessed Date:
27 August 2018
5.
Gender, Domestic Violence and Children
Title:
General Law on Women's Access to a Life Free of Violence
Accessed Date:
17 August 2015
Keywords:
crime; domestic violence; femicide; gender equality; gender-based violence; legislation; sexual violence; social services
Title:
Mexico. Social Institutions and Gender Index 2014.
Source:
Organisation for Economic Co-operation and Development
Accessed Date:
28 November 2014
Keywords:
children; crime; family law; femicide; gender equality; gender-based violence; labour; legal system; legislation; marriage; political activities; sexual minorities; sexual violence; social services; statistics
Title:
Mexico: Domestic Violence. COI Compilation.
Source:
Austrian Red Cross. Austrian Centre for Country of Origin and Asylum Research and Documentation.
Date of Document:
May 2017
Accessed Date:
1 August 2017
Title:
Consideration of reports submitted by States parties under article 18 of the Convention: Mexico
Source:
United Nations. Convention on the Elimination of All Forms of Discrimination against Women.
Date of Document:
2 February 2017
Accessed Date:
27 August 2018
Title:
List of issues and questions in relation to the ninth periodic report of Mexico. Addendum. Responses of Mexico.
Code:
CEDAW/C/MEX/Q/9/Add.1
Date of Document:
27 March 2018
Accessed Date:
27 August 2018
Title:
Domestic violence in the Federal District and the state of Jalisco, particularly in Guadalajara, including state protection and support services
Source:
Immigration and Refugee Board of Canada
Date of Document:
14 September 2012
Accessed Date:
23 October 2012
Keywords:
domestic violence; femicide; institutional efficacy; police efficacy
Title:
Women who head their own households without male or family support; domestic violence in the Federal District and Guadalajara; whether women who leave abusive partners can obtain housing and temporary employment in the Federal District...
Source:
Immigration and Refugee Board of Canada
Date of Document:
9 September 2011
Accessed Date:
23 October 2012
Keywords:
domestic violence; drug trafficking; femicide; gender equality; institutional efficacy; labour; legal system; social services
Title:
Case Study. Beyond Domestic Violence Laws in Latin America: Challenges for Protection Services for Survivors.
Date of Document:
April 2016
Author:
Cecile Lachenal et al.
Accessed Date:
1 August 2017
Title:
Child custody rights; the right of a parent to know the location of his or her children when the spouse relocates within Mexico; child abduction and legal recourse to protection (amparo) in custody situations; changes to child custody provisions...
Source:
Immigration and Refugee Board of Canada
Date of Document:
15 September 2011
Accessed Date:
23 October 2012
Keywords:
abduction; children; domestic violence; family law; gender equality; legislation
Title:
Domestic violence, including legislation; protection and support services offered to victims by the state and civil society, including Mexico City (2015-July 2017)
Source:
Immigration and Refugee Board of Canada
Date of Document:
11 August 2017
Accessed Date:
31 August 2017
Title:
Societal norms on gender identity expressions, including in indigenous communities (2016-May 2018)
Source:
Immigration and Refugee Board of Canada
Date of Document:
25 May 2018
Accessed Date:
27 August 2018
Title:
Surviving Death: Police and Military Torture of Women in Mexico
Source:
Amnesty International
Date of Document:
28 June 2016
Accessed Date:
19 August 2016
Keywords:
drug trafficking; gangs; gender equality; gender-based violence; institutional efficacy; judicial efficacy; legal system; map; organized crime; penal system; police/security forces; police/security forces complaints; political activities; sexual violence; statistics; torture
Title:
Mexico: Sexual Orientation and Gender Identity (SOGI). COI Compilation.
Source:
Austrian Red Cross. Austrian Centre for Country of Origin and Asylum Research and Documentation.
Date of Document:
May 2017
Accessed Date:
1 August 2017
Title:
Situation and treatment of sexual minorities, particularly in Mexico City, Cancún, Guadalajara, and Acapulco; state protection and support services available (2012-July 2015)
Source:
Immigration and Refugee Board of Canada
Date of Document:
18 August 2015
Accessed Date:
25 August 2015
Keywords:
femicide; gender equality; gender-based violence; institutional efficacy; minorities; sexual minorities; sexual violence; social services
Title:
Report on Human Rights Conditions of Transgender Women in Mexico
Source:
Transgender Law Center; Cornell Law School LGBT Clinic
Date of Document:
May 2016
Accessed Date:
22 August 2016
Keywords:
abduction; disappeared persons; drug trafficking; extralegal executions/killings; family law; gangs; gender equality; gender-based violence; identity documents; institutional efficacy; legal system; legislation; penal system; police/security forces; police/security forces complaints; political activities; religion; sexual minorities; sexual violence; social services; torture
Title:
Situation of sexual minorities, including in Mexico City; protection and support services offered by the state and civil society (2015-July 2017)
Source:
Immigration and Refugee Board of Canada
Date of Document:
16 February 2018
Accessed Date:
27 April 2018
7.
Criminality and Corruption
Title:
Mexico. International Narcotics Control Strategy Report 2018, Volume I: Drug and Chemical Control.
Source:
United States. Department of State.
Date of Document:
March 2018
Accessed Date:
27 August 2018
Title:
Mexico: Organized Crime and Drug Trafficking Organizations
Source:
United States. Congressional Research Service.
Date of Document:
3 July 2018
Accessed Date:
27 August 2018
Title:
Mexico: Tier 2. Trafficking in Persons Report 2018.
Source:
United States. Department of State.
Date of Document:
June 2018
Accessed Date:
27 August 2018
Title:
Mexico. 2018 Crime and Safety Report: Ciudad Juarez.
Source:
United States. Overseas Security Advisory Council.
Date of Document:
7 May 2018
Accessed Date:
27 August 2018
Title:
Mexico. 2018 Crime and Safety Report: Guadalajara.
Source:
United States. Overseas Security Advisory Council.
Date of Document:
9 April 2018
Accessed Date:
27 August 2018
Title:
Mexico. 2018 Crime and Safety Report: Mexico City.
Source:
United States. Overseas Security Advisory Council.
Date of Document:
9 March 2018
Accessed Date:
27 August 2018
Title:
Mexico. 2018 Crime and Safety Report: Monterrey.
Source:
United States. Overseas Security Advisory Council.
Date of Document:
8 June 2018
Accessed Date:
27 August 2018
Title:
Mexico. 2018 Crime and Safety Report: Tijuana.
Source:
United States. Overseas Security Advisory Council.
Date of Document:
2 February 2018
Accessed Date:
27 August 2018
Title:
Drug Violence in Mexico. Data and Analysis Through 2017.
Source:
University of San Diego. Justice in Mexico Project.
Date of Document:
April 2018
Author:
Laura Calderón et al.
Accessed Date:
27 August 2018
Title:
Situation of Impunity and Violence in Mexico's Northern Border Region
Source:
Washington Office on Latin America et al.
Date of Document:
March 2017
Accessed Date:
2 August 2017
Title:
KRE in Mexico. KRE Global Monitor. December 2016 – March 2017.
Source:
Liberty Speciality Markets; red24
Date of Document:
24 March 2017
Accessed Date:
2 August 2017
Title:
Mexico's Worsening War without a Name
Source:
International Crisis Group
Date of Document:
15 June 2017
Accessed Date:
27 August 2018
Title:
Study: 2017 Was Deadliest Year in Mexico for Homicides Linked to Organized Crime
Date of Document:
26 January 2018
Accessed Date:
27 August 2018
Title:
Mexico's Record High Kidnappings Fueled by Fractured Cartels
Date of Document:
30 November 2017
Accessed Date:
27 August 2018
Title:
Mexico Coahuila: ongoing crimes against humanity. Communication to the International Criminal Court.
Source:
International Federation for Human Rights
Date of Document:
5 July 2017
Accessed Date:
25 August 2017
Title:
The Victimology of Extortions in Mexico
Source:
Rice University. James A. Baker III Institute for Public Policy.
Date of Document:
October 2016
Accessed Date:
2 August 2017
Title:
Treated with Indolence: The State's Response to Disappearances in Mexico
Source:
Amnesty International
Date of Document:
14 January 2016
Accessed Date:
4 August 2016
Keywords:
abduction; arbitrary arrest and detention; disappeared persons; institutional efficacy; judicial efficacy; legal system; organized crime; police efficacy; police/security forces; police/security forces complaints
Title:
Criminality, including organized crime; state response, including effectiveness; protection available to victims, including witness protection (2015-July 2017)
Source:
Immigration and Refugee Board of Canada
Date of Document:
21 August 2017
Accessed Date:
30 August 2017
Title:
Kidnappings for ransom, including the types of kidnapping, protection available to victims, the effectiveness of anti-kidnapping measures, and complicity of police officers (July 2009-August 2013)
Source:
Immigration and Refugee Board of Canada
Date of Document:
26 September 2013
Accessed Date:
27 September 2013
Keywords:
abduction; corruption; gangs; police/security forces
Title:
Whether 'death threats' are specifically mentioned in the Federal Criminal Code (Código Penal Federal, CPF) and/or state criminal codes; if so, punishment specified
Source:
Immigration and Refugee Board of Canada
Date of Document:
12 January 2010
Accessed Date:
23 October 2012
Title:
The authority that issues the National Military Service Card (Cartilla del Servicio Militar Nacional) and the purposes for which it is issued; whether military cards are required in order to obtain employment, to acquire a passport or to be married...
Source:
Immigration and Refugee Board of Canada
Date of Document:
28 November 2008
Accessed Date:
23 October 2012
Keywords:
identity documents; military service
9.
Judiciary, Legal and Penal Systems
Title:
Justiciabarómetro 2016. Perspectives on Mexico's Criminal Justice System: What Do its Operators Think?
Source:
University of San Diego. Justice in Mexico Project.
Author:
Nancy G. Cortés et al.
Accessed Date:
2 August 2017
Title:
Whether copies of preliminary investigation (averiguación previa) files can be obtained from the consulates general of Mexico in Canada
Source:
Immigration and Refugee Board of Canada
Date of Document:
29 July 2010
Accessed Date:
23 October 2012
Title:
Whether police from one jurisdiction could process complaints related to crimes that occur outside of their jurisdiction (2014-July 2015)
Source:
Immigration and Refugee Board of Canada
Date of Document:
13 August 2015
Accessed Date:
25 August 2015
Keywords:
corruption; institutional efficacy; legislation; police corruption; police efficacy; police/security forces
Title:
Whether the regional office of the Attorney General of the Republic (Procuraduría General de la República, PGR) has the jurisdiction to handle a sexual assault complaint in Mexico, including Guanajuato; whether a person can file a complaint for...
Source:
Immigration and Refugee Board of Canada
Date of Document:
3 January 2013
Accessed Date:
27 September 2013
Keywords:
abduction; crime; disappeared persons; domestic violence; gender-based violence; institutional efficacy; judicial efficacy; legal system; police efficacy; police/security forces; sexual violence; social services
Title:
Corruption that Kills: Why Mexico Needs An International Mechanism To Combat Impunity
Source:
Open Society Foundations. Open Society Justice Initiative.
Date of Document:
1 May 2018
Accessed Date:
27 August 2018
Title:
Procedures for initiating a criminal complaint/investigation (including for domestic violence) and whether the authorities are responsible for keeping the complainant informed of the status of the proceedings
Source:
Immigration and Refugee Board of Canada
Date of Document:
13 September 2010
Accessed Date:
23 October 2012
Keywords:
legislation; organized crime; witness protection
Title:
Communication Surveillance. State of Privacy in Mexico.
Source:
Privacy International
Date of Document:
January 2018
Accessed Date:
27 August 2018
Title:
By Strengthening Military's Role in Fighting Crime, Mexico's Proposed Security Law Will Worsen Human Rights Abuses and Harm Transparency
Source:
Washington Office on Latin America
Date of Document:
13 December 2017
Author:
Maureen Meyer; Ximena Suarez-Enriquez
Accessed Date:
27 August 2018
Title:
International Human Rights Bodies, Civil Society Groups Share Concerns on Mexico's Internal Security Law
Source:
Washington Office on Latin America
Date of Document:
13 December 2017
Accessed Date:
27 August 2018
Title:
Mexico's National Anti-Corruption System: A Historic Opportunity in the Fight against Corruption
Source:
Washington Office on Latin America
Date of Document:
May 2018
Author:
Maureen Meyer; Gina Hinojosa
Accessed Date:
27 August 2018
Title:
Criminal Procedure Reform in Mexico, 2008-2016. The Final Countdown for Implementation.
Source:
University of San Diego. Justice in Mexico Project.
Date of Document:
October 2015
Author:
Octavio Rodríguez Ferreira; David A. Shirk
Accessed Date:
22 August 2016
Keywords:
institutional efficacy; judicial efficacy; legal system; legislation; map; penal system; political activities; statistics
Title:
Mexico's Judicial Reform, One Year In: A Mix of Successes and Defects
Date of Document:
8 August 2017
Accessed Date:
27 August 2018
10.
Police and Security Forces
Title:
False Suspicions: Arbitrary Detentions by Police in Mexico
Source:
Amnesty International
Date of Document:
13 July 2017
Accessed Date:
25 August 2017
Title:
The responsibilities and duties of police officers in the municipality of Juarez and the Federal District, including legislation governing police actions and effectiveness of police
Source:
Immigration and Refugee Board of Canada
Date of Document:
2 April 2012
Accessed Date:
23 October 2012
Keywords:
abduction; disappeared persons; drug trafficking; legislation; organized crime; police corruption; police efficacy; police/security forces; torture
Title:
The responsibilities and duties of police officers in Nuevo Leon and Veracruz, including police structure, legislation governing police actions, effectiveness of police, and dismissal of police forces
Source:
Immigration and Refugee Board of Canada
Date of Document:
13 September 2012
Accessed Date:
23 October 2012
Keywords:
abduction; disappeared persons; drug trafficking; legislation; organized crime; police corruption; police efficacy; police/security forces; torture
Title:
Mexico. Freedom of the Press 2017.
Accessed Date:
27 August 2018
Title:
Mexico Journalists Face Violence From Both Officials and Crime Groups: Report
Date of Document:
21 March 2018
Author:
Angelika Albaladejo
Accessed Date:
27 August 2018
Title:
Media power in Mexico and the Telebancada: RSF and Cencos present Media Ownership Monitor Mexico
Source:
Reporters Without Border
Date of Document:
26 March 2018
Accessed Date:
27 August 2018
Title:
Mexico. Freedom on the Net 2017.
Accessed Date:
27 August 2018
Title:
Mexico. International Religious Freedom Report for 2017.
Source:
United States. Department of State.
Date of Document:
29 May 2018
Accessed Date:
27 August 2018
Title:
Mexico. United States Commission on International Religious Freedom Annual Report 2017.
Source:
United States. Department of State.
Date of Document:
April 2017
Accessed Date:
2 August 2017
13.
Nationality, Ethnicity and Race
Title:
Treatment of Tzeltal people in Chiapas by society and authorities, including displacement of members or supporters of the Zapatista National Liberation Army (EZLN); situation in Tenejapa in 2011 and presently (2015-September 2017)
Source:
Immigration and Refugee Board of Canada
Date of Document:
22 September 2017
Accessed Date:
27 August 2018
14.
Exit/Entry and Freedom of Movement
Title:
The use of government databases by third parties to locate persons; privacy issues; security of information about witnesses in the witness protection program (2008-September 2011)
Source:
Immigration and Refugee Board of Canada
Date of Document:
19 September 2011
Accessed Date:
23 October 2012
Keywords:
corruption; gangs; police corruption; police/security forces; witness protection
Title:
Cases in which personal data from a bank account, cellular telephone or credit card statement have been used by the police or the population in general to locate a third party
Source:
Immigration and Refugee Board of Canada
Date of Document:
5 July 2010
Accessed Date:
23 October 2012
Keywords:
abduction; identity documents; legislation; police/security forces
15.
Labour, Employment and Unions - (No items in this section)
16.
Other - (No items in this section)
The following changes have been made to the previous package dated 28 September 2018:
Title:
Mexico. Country Reports on Human Rights Practices for 2017.
Source:
United States. Department of State.
Date of Document:
20 April 2018
URL:
http://www.state.gov/j/drl/rls/hrrpt/humanrightsreport/index.htm?year=2017&dlid=277345
Accessed Date:
24 April 2018
Disclaimer
National Documentation Packages (NDPs) include country-of-origin information that is publicly accessible at the time of publication and available within time constraints. While the Research Directorate strives to maintain the
NDP with current information, the research is not exhaustive and country conditions can change rapidly. Members of the public are invited to
suggest documents they feel are relevant to the
NDP.
NDPs are not, and do not purport to be, conclusive as to the merit of any particular claim for refugee protection. Rather, they are intended to support the refugee determination process. The assessment and weight to be given to the information in the
NDPs are the responsibility of independent
IRB members (decision-makers) after considering the evidence and arguments presented by the parties.
All sources are fully cited, including a hyperlink, to facilitate the location of the information. The
IRB will attempt to ensure that these links are maintained for the most recent
NDP. It cannot guarantee or be responsible for:
- the functionality of links to external sources,
- the content accessed by these links,
- the availability of external content in both English and French,
- any other part of a third party website.
The information presented in
NDPs solely reflects the views and perspectives of the sources cited and does not necessarily reflect the position of the
IRB or the Government of Canada.