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)
Notes:
- 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
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