Reasons of interest
Following are links to select refugee appeal decisions that the IRB deems noteworthy for meeting one or more of the following criteria:
- Decisions that model a practical or expedient approach to an issue;
- Decisions that demonstrate a novel or evolutional approach to an issue;
- Decisions that thoroughly assess a complex issue;
- Decisions that model excellence in reasons writing;
- Decisions that respond to a timely or emerging issue.
Decisions identified here will be prefaced by a short introduction. All published Refugee Appeal Division decisions are available on
Decision No. MB7-00072 April 2020
This decision provides a thorough analysis of exclusion under Article 1F(a) of the Refugee Convention, taking into consideration the decision of the Supreme Court of Canada in
Ezokola, 2013 SCC 40. It is an appeal involving allegations of complicity with ISIS in Lebanon.
Decision No. VB9-02860 April 2020
This decision provides a thorough analysis of exclusion under Article 1F(b) of the Refugee Convention. It is an appeal involving allegations of identity fraud committed in the United States by appellants from El Salvador. In the decision, the RAD found that the RPD's consideration of the sentencing range applicable to the offences in question was inconsistent with the decision of the Supreme Court of Canada in
Febles, 2014 SCC 68.
This decision provides a useful conceptual framework of analysis for considering the issue of internal flight alternatives (IFAs) for persons fleeing non-state actors in Nigeria. It sets out a list of factors to consider related to the reasonableness of a potential IFA. These factors are: travel and transportation, language, education, employment, accommodation, health care, culture, indigeneship, and religion.
While this decision was formerly identified as a Jurisprudential Guide by the Chairperson, he revoked that designation due to evolving country information. The decision is now identified as a RAD Reasons of Interest due to the value of the framework of analysis, absent any of the factual findings. The framework includes the legal test for identifying a viable internal flight alternative as well as the seven factors set out at paragraphs 14-15 and 21-30. In this way, members may use the analytical framework to structure their assessment of the facts of each case as well as the most current country of origin information.
Decision No. MB7-10167
Decision No. TB7-15366
Decision No. TB7-12465
Decision No. VB6-03878
Decision No. VB8-04337
Decision No. VB8-05618
These latest RAD Reasons of Interest (RROIs) model a point-first approach to reasons-writing. Point-first writing is a reader-focused approach that improves the quality, simplicity and clarity of written decisions. By honing in on determinative issues and using overviews and headings to guide readers, the point-first approach leads to concise reasons that are quicker to write and easy to understand. RAD members are developing their point-first styles, so please have a look at these examples and stay tuned for more to come!
This decision models a practical approach to assessing credibility based on knowledge of the Falun Gong practice in China. The appellant was found not to be credible due to her inability to demonstrate a level of knowledge comparable to her alleged practice.
Decisions No. MB8-13243
This decision models a practical approach to assessing generalized risk versus personalized risk in a case involving criminality in Haiti. The decision focuses on credibility and the sufficiency of objective evidence.
Decision No. TB8-05173
This decision examines the issue of negative credibility inferences drawn from implausibility findings. It highlights that plausibility findings should be made "only in the clearest of cases.” In this appeal, the RAD has substituted a positive determination for the RPD’s rejection of a claim for refugee protection.
Decision No. TB7-07363
This decision considers a domestic violence claim through the lens of
Guideline 4 - Women Refugee Claimants Fearing Gender-Related Persecution.
Decision No. MB6-06938
This decision considers the question of family unity and the best interests of the child in a case involving an American-born child of Haitian parents.
Decision No. MB7-22589
This decision provides a thorough analysis of exclusion under Article 1E of the Refugee Convention in the case of a Haitian claimant with permanent resident status in Brazil.
Decision No. TB7-12847 (Jamaica) and
Decision No. MB5-03341 (Sri Lanka)
These decisions examine credibility findings through the lens of the
Chairperson’s Guideline 9: Proceedings Before the IRB Involving Sexual Orientation and Gender Identity and Expression.
Decision No. TB7-04608 (Turkey)
This decision provides a thorough overview of the political situation in Turkey as it relates to Hizmet followers.
Decision No. VB6-04568 / 1F(a)
This decision provides a thorough exclusion analysis pursuant to Article 1F(a) of the Refugee Convention.
Decision no. VB8-01757
This decision considers the principle of
stare decisis (following legal precedent) and the jurisdiction of the RAD to give directions to the RPD in its reasons for decision.
Persuasive decisions are decisions that have been identified by a division head (the Deputy Chairperson of the Refugee Protection Division, the Refugee Appeal Division, the Immigration Division or the Immigration Appeal Division) as being of persuasive value in developing the jurisprudence of a particular division. These decisions are well written, provide clear, complete and concise reasons with respect to the particular element that is considered to have persuasive value, and consider all of the relevant issues in a case. Accordingly, members are encouraged to rely upon persuasive decisions in the interests of consistency and effective decision-making. This consistency also helps parties and counsel prepare for proceedings before the
IRB, and may encourage early resolution without a hearing, where appropriate.
The use of persuasive decisions enables the
IRB to move toward a consistent application of the law in a transparent manner. Their designation promotes efficiency in the hearing and reasons writing process by making use of quality work done by colleagues.
Decision makers are not required to explain their decision not to apply a persuasive decision.
March 2018 |
Notice of Identification February 2019
This persuasive decision outlines the steps that can be taken in an analysis of similar Basis of Claim narratives in a transparent and fair manner.