Policy on National Documentation Packages in Refugee Determination Proceedings

Effective date: June 5, 2019 | Policy note

On this page

1. Purpose
2. Application
3. Definitions
4. Policy Statement
5. General Principles
6. Disclosure of NDPs in Claims and Appeals
7. Release of a Jurisprudential Guide
8. Implementation
9. Monitoring
10. References
11. Enquiries
12. 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

1. The IRB produces NDPs for every country from which refugee claims originate.
2. The RPD and RAD will consider the most recent NDP(s) in support of assessing forward-looking risk.
3. In order to respond to the information needs of the RPD and RAD, the RD consults with the Divisions in the development of NDPs.
4. 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.
5. The regular update of NDPs will take into consideration suggestions from external stakeholders.
6. NDPs are publicly available on the IRB's website.
7. 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

• Immigration and Refugee Protection Act, sections 159(1)(h), 162 and 170(g) and (h)
• Refugee Protection Division Rules, rule 33

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