Please be advised that the Chairperson of the Immigration and Refugee Board of Canada (IRB) has identified decision
MB8-00025 of the Refugee Appeal Division as a Jurisprudential Guide.
Jurisprudential guides are issued to facilitate fair, consistent and efficient decision-making, enabling the IRB to discharge its statutory obligation as confirmed in the recent decision of the Federal Court of Appeal in
The key issue in MB8-00025 is whether RAD and RPD members should consider allegations of risk in a country of residence if they conclude that a refugee claimant has the rights and obligations of a national in that country.
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).
By providing a preferred interpretation of Article 1E, decision MB8-00025 will assist members in carrying out their duties efficiently, consistently and in accordance with the law.
The key determination in this jurisprudential guide relates to a question of law. The IRB will carefully monitor developments in the jurisprudence to ensure that the identification of this jurisprudential guide remains consistent with any future jurisprudential developments.
For further details, please refer to the