Notice of Identification of Persuasive Decision
Refugee Protection Division
Persuasive decisions are decisions that have been identified by a division head as being of persuasive value in developing the jurisprudence of a particular division. Although members are not expected to follow them, they are decisions that members are encouraged to rely upon in the interests of consistency and effective decision-making.
After due consideration, I am of the view that the reasons for decision in VA9-02166 are of persuasive value in regard to claimants from Sri Lanka seeking protection due to their fear of the Sri Lankan army, government officials and paramilitary agents associated with the Sri Lankan government as members of a particular social group, namely "young male Tamils from northern Sri Lanka". The reasons cite the documentary evidence which relates to changes that took place in Sri Lanka recently and conclude with a finding that the changes are meaningful and durable and that the claimant's fear of persecution based on his particular social group, perceived political opinion and nationality is not well founded. The decision highlights the fact that the risks associated with the security situation are faced generally by other individuals in or from Sri Lanka and that according to section 97(1)(b)(ii) of the Immigration and Refugee Protection Act, protection is limited to those who face a specific risk that is not faced generally by others in or from the country and thus, the claimant is not a person in need of protection.
Members are encouraged to adopt the reasoning in the persuasive decision where the evidence in the case they are deciding establishes that the case is of a similar nature to that of the persuasive decision and members are in agreement with the reasoning in the persuasive decision. Where members adopt the reasoning in the persuasive decision, they should cite the persuasive decision in their reasons.
However, if new or additional evidence is before them that was not before the panel in the persuasive decision, members should not simply cite the persuasive decision. Members must take into consideration that new or additional evidence before deciding whether or not to adopt the reasoning in the persuasive decision. Where members decide to adopt the reasoning in the persuasive decision, they should refer to that new or additional evidence in their reasons.
Signed by Ken Sandhu
Deputy Chairperson, Refugee Protection Division
December 17, 2010