Jurisprudential Guides are policy instruments that support consistency in adjudicating cases which share essential similarities. A Jurisprudential Guide serves to build a Division's jurisprudence upon well-reasoned decisions.
Drawing on the common law tradition of precedent and the tribunal tradition of policy-making through adjudication, Jurisprudential Guides articulate policy through the application of the law set out in a decision of the Board to the specific facts of another individual case before a decision-maker. This is to be contrasted with Guidelines, which are general statements, not incorporated in any decision of the Board.
As set out in the Policy on the Use of Jurisprudential Guides (Policy 2003-01, as amended on December 1, 2016), decision-makers are expected to apply Jurisprudential Guides in cases with similar facts or provide reasoned justifications for not doing so.
The Immigration and Refugee Protection Act, in section 159(1)(h), provides statutory authority for the use of Jurisprudential Guides.
Refugee Protection Division
TA0-15870 (March 2003) | Revoked (October 2011)
Dealing with Costa Rican claimants seeking protection due to their sexual orientation. The issue in this decision that forms the basis of the Jurisprudential Guide is the determination of the availability of state protection. Decision
TA2-14980 (March 2003) | Revoked (October 2011)
Costa Rican claimants seeking protection due to their fear of criminality. The issue in this decision that forms the basis of the Jurisprudential Guide is the determination of the availability of state protection. Decision
Refugee Appeal Division
TB4-05778 (June 2016)
The issue in this decision that forms the basis of the Jurisprudential Guide is whether a claimant/appellant who is a citizen of the Democratic People’s Republic of Korea (North Korea) is deemed to be a citizen of the Republic of Korea (South Korea). Decision TB4-05778