Policy no. 2003-03
Effective Date: May 15, 2003
POLICY ON DOCUMENT HARMONIZATION IN SUPPORT OF JURISPRUDENTIAL GUIDES
1. Introduction
In accordance with the Immigration and Refugee Board's mission, the Board is charged with making well-reasoned decisions on immigration and refugee matters, efficiently and fairly and in accordance with the law. In support of its mission, the Board strives to achieve consistency in decision-making through a number of measures.
One important mechanism in achieving this is to ensure that refugee protection officers and decision-makers of the Refugee Protection Division (RPD) have consistent and up-to-date information on which to process and decide claims.
2. Jurisprudential Guides and Document Harmonization
Pursuant to section 159 (1) (h) of the Immigration and Refugee Protection Act, the Chairperson has the power to identify decisions as jurisprudential guides. The identification of such decisions assists the Board in establishing a coherent body of jurisprudence and assists decision-makers on matters of substantive and procedural importance in considering cases.
Once a decision has been identified as a jurisprudential guide, decision-makers are expected to follow that decision's reasoning unless the case at hand can be distinguished.
When a decision involving mixed law and fact is identified as a jurisprudential guide, documentary packages will be harmonized for subsequent cases to which the reasoning of the guide applies. This is essential so that RPD panels held after the identification of the jurisprudential guide can rely on the same core evidence as that of the original case.
The core documentary evidence disclosed for a case that is subsequently identified as a guide, will form the basis of the harmonized package, along with any additional documents determined to be relevant at the time the guide is issued. This will constitute the official harmonized package.
3. Development of Harmonized Packages
Additional documentation will only be added to the official harmonized package after the procedure outlined in the Protocol for Amending Document Packages in Support of Jurisprudential Guides (Annex) has been followed. As the official harmonized package is updated, documents that have been added will be clearly identified.
The ongoing updating of official harmonized packages will:
- make available current and reliable information
- avoid repetition, and
- add new and relevant information to what is already contained in the official harmonized package
The IRB's Research Directorate will be responsible for ensuring that harmonized packages remain up to date. Any proposed changes (additions or deletions) to the harmonized packages will be governed by the Protocol for Amending Document Packages in Support of Jurisprudential Guides (Annex).
4. Use of Harmonized Packages
Once a designation is in effect, the harmonized package produced will be the package disclosed by the RPD as the documentary evidence for a particular country or claim type.
Supplementary disclosure should be limited to information that is specific to the individual claim or claimant and necessary for the determination of the claim.
Harmonization of RPD packages in no way precludes panels from receiving documents tendered as evidence by parties.
5. Monitoring and Audit
Ongoing monitoring of this policy will be carried out under the direction of the Policy, Planning and Research Branch in collaboration with the Refugee Protection Division and Regional Executive Committees.
ANNEX
Protocol for Amending Document Packages in Support of Jurisprudential Guides (JG)
- Quick turnaround required
- Membership comprised of Assistant Coordinator of NGN (lead), 1 Member, 1 RPO or OSM, 1 Research Officer
- Amended package replaces older version