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Jurisprudential Guides Notes
Jurisprudential Guides Notes
On
July 28, 2022, the Chairperson identified the following Refugee Appeal Division decision as being a
Jurisprudential Guide:
-
Decision TC1 05038 – The proper interpretation of the ‘generalized risk’ exception to protection found at subparagraph 97(1)(b)(ii) of the Act, in claims for protection involving allegations of gang-targeting or other acts of criminality.
On
December 22, 2020, the Chairperson identified the following Refugee Appeal Division decision as being a
Jurisprudential Guide.
-
Decision MB8-00025 – This Jurisprudential Guide addresses, in applying Article 1E of the Refugee Convention, whether members should consider allegations of risk in a country of residence if they conclude that a refugee claimant has the rights and obligations which are attached to the possession of nationality in that country.
On
July 6, 2018, the Chairperson identified the following Refugee Appeal Division decision as being a
Jurisprudential Guide.
-
Decision TB7-19851 – Nigeria – This Jurisprudential Guide addresses internal flight alternatives in major cities in south and central Nigeria for claimants fleeing non-state actors.
Revoked
The country documentation referenced in each of these decisions has been included in s.16 of the updated National Documentation Packages published on July 10, 2018.
On
July 20, 2017, the Chairperson identified the following Refugee Appeal Division decision as being
Jurisprudential Guides.
-
Decision TB7-01837 – Pakistan – Whether the treatment experienced by Ahmadis in Pakistan amounts to persecution, whether state protection is available and whether there is a viable internal flight alternative.
-
Decision MB6-01059/60 – India – Availability of an internal flight alternative in India for claimants from Punjab.
Revoked
-
Decision TB6-11632 – China – Analysis of the efficacy of the Chinese national computer network known as the Golden Shield Project and its impact on whether a person wanted by the authorities can exit China via an airport using a genuine passport.
Revoked
The country documentation referenced in each of these decisions has been included in s.16 of the updated National Documentation Packages published on July 20, 2017.
Back
16 April 2021
CUBA
List of Documents
1.
General Information and Maps
Source:
Geology and Earth Science News and Information
Accessed Date:
13 May 2020
Title:
Cuba. L'Encyclopédie en ligne.
Accessed Date:
16 November 2012
Title:
Cuba. The World Factbook.
Source:
United States. Central Intelligence Agency.
Accessed Date:
21 May 2020
Title:
Cuba. L'aménagement linguistique dans le monde.
Source:
L'aménagement linguistique dans le monde
Date of Document:
2 January 2019
Accessed Date:
8 May 2019
Title:
Common core document forming part of the reports of States parties: Cuba
Date of Document:
25 August 2016
Accessed Date:
26 May 2017
Title:
Cuba: U.S. Policy in the 116th Congress
Source:
United States. Congressional Research Service.
Date of Document:
29 March 2019
Accessed Date:
13 May 2020
Title:
Cuba: U.S. Policy Overview
Source:
United States. Congressional Research Service.
Date of Document:
24 January 2020
Accessed Date:
13 May 2020
Title:
BTI 2020 Country Report – Cuba
Source:
Bertelsmann Stiftung
Accessed Date:
22 May 2020
Title:
Cuba. Country Reports on Human Rights Practices for 2020.
Source:
United States. Department of State.
Date of Document:
30 March 2021
Accessed Date:
14 April 2021
Title:
Cuba. Human Rights in the Americas: Review of 2019.
Source:
Amnesty International
Date of Document:
27 February 2020
Accessed Date:
13 May 2020
Title:
Summary of Stakeholders' submissions on Cuba
Code:
A/HRC/WG.6/30/CUB/3
Source:
Office of the United Nations High Commissioner for Human Rights
Date of Document:
9 March 2018
Accessed Date:
13 May 2020
Title:
Cuba. World Report 2020: Events of 2019.
Source:
Human Rights Watch
Date of Document:
January 2020
Accessed Date:
13 May 2020
Title:
Report of the Independent Expert on human rights and international solidarity on her mission to Cuba
Source:
United Nations. Human Rights Council.
Date of Document:
9 May 2018
Accessed Date:
9 May 2019
Title:
Cuba. Freedom in the World 2020.
Accessed Date:
22 May 2020
Title:
National Report Submitted in Accordance with Paragraph 5 of the Annex to Human Rights Council Resolution 16/21: Cuba
Code:
A/HRC/WG.6/30/CUB/1
Date of Document:
5 March 2018
Accessed Date:
24 May 2018
Keywords:
children; freedom of movement; gender equality; humanitarian situation; institutional efficacy; Internet; judicial efficacy; legal system; legislation; penal system; religion; sexual minorities; social services
Title:
Cuba: Travel Regulations and Civil and Political Rights
Source:
Austrian Red Cross. Austrian Centre for Country of Origin and Asylum Research and Documentation.
Date of Document:
August 2017
Accessed Date:
7 May 2018
Title:
Cuba: A snapshot of prisoners of conscience under the government of president Miguel Diáz-Canel
Source:
Amnesty International
Date of Document:
27 August 2019
Accessed Date:
13 May 2020
Code:
A/HRC/WG.6/30/CUB/2
Source:
Office of the United Nations High Commissioner for Human Rights
Date of Document:
16 March 2018
Accessed Date:
13 May 2020
3.
Identification Documents and Citizenship
Title:
Chapter II - Citizenship. Cuba's Constitution of 1976 with Amendments through 2002.
Accessed Date:
26 May 2017
Title:
Cuba/United States: Rights and obligations associated with having an American Visa that states 'Not a visa. Foil prepared at the DHS Request. Special Parole for Family Members of Cuban Immigrant Beneficiaries'; whether this entitles the holder to permanent residence
Source:
Immigration and Refugee Board of Canada
Date of Document:
26 May 2011
Accessed Date:
16 November 2012
Keywords:
freedom of movement; identity documents
Title:
The procedure for obtaining a medical report; whether there is a standard form at the national level; whether doctors are required to report serious injuries or injuries sustained as a result of a crime
Source:
Immigration and Refugee Board of Canada
Date of Document:
11 May 2012
Accessed Date:
16 November 2012
Keywords:
medical records
Title:
Cuba. U.S. Visa: Reciprocity and Civil Documents by Country.
Source:
United States. Department of State.
Accessed Date:
13 May 2020
Title:
B-4 visa, including the classes of persons to which it is issued; requirements and procedures to obtain (2017-January 2019)
Source:
Immigration and Refugee Board of Canada
Date of Document:
31 January 2019
Accessed Date:
29 May 2019
4.
Political Activities and Organizations
Title:
Cuba's Constitution of 2019
Source:
Cuba. Comparative Constitutions Project
Accessed Date:
13 May 2020
Title:
Revolution Defence Committees (Comités de Defensa de la Revolución, CDR); whether informants with the CDRs report the population's acitivities to the police, government or security agencies; the consequences of refusing to join a CDR (2008-April 2010)
Source:
Immigration and Refugee Board of Canada
Date of Document:
26 April 2010
Accessed Date:
16 November 2012
Keywords:
political organizations; state surveillance
Title:
'Your Mind is in Prison' - Cuba's Web of Control Over Free Expression and its Chilling Effect on Everyday Life
Source:
Amnesty International
Date of Document:
16 November 2017
Accessed Date:
7 May 2018
Title:
Cuba : Principaux groupes de dissidence et opposants politiques
Source:
France. Office français de protection des réfugiés et apatrides.
Date of Document:
21 April 2016
Accessed Date:
30 May 2017
Title:
Five Keys to Presidential Change in Cuba
Source:
Council on Hemispheric Affairs
Date of Document:
17 May 2018
Accessed Date:
9 May 2019
Title:
Republic of Cuba. Election for Asemblea Nacional Del Poder Popular(Cuban National Assembly of People's Power) of 11 March 2018.
Source:
International Foundation for Electoral Systems. Election Guide.
Accessed Date:
13 May 2020
Title:
Republic of Cuba. Referendum of 24 February 2019.
Source:
International Foundation for Electoral Systems. Election Guide.
Accessed Date:
13 May 2020
Title:
Cuba. National Assembly of the People's Power.
Source:
Inter-Parliamentary Union. Parline.
Date of Document:
1 May 2018
Accessed Date:
13 May 2020
5.
Gender, Domestic Violence and Children
Title:
Cuba. Social Institutions and Gender Index 2019.
Source:
Organisation for Economic Co-operation and Development
Date of Document:
7 December 2018
Accessed Date:
9 May 2019
Title:
Treatment of sexual minorities, particularly lesbians, including state protection; social and judicial attitudes in cases of child custody (2012-October 2013)
Source:
Immigration and Refugee Board of Canada
Date of Document:
11 October 2013
Accessed Date:
29 May 2014
Keywords:
legislation; police efficacy; sexual minorities
7.
Criminality and Corruption
Title:
Cuba: Tier 3. Trafficking in Persons Report 2019.
Source:
United States. Department of State.
Date of Document:
20 June 2019
Accessed Date:
13 May 2020
Title:
Report of the Special Rapporteur on trafficking in persons, especially women and children on her mission to Cuba
Source:
United Nations. Human Rights Council.
Date of Document:
30 April 2018
Accessed Date:
9 May 2019
Title:
Cuba. 2020 Crime and Safety Report.
Source:
United States. Overseas Security Advisory Council.
Date of Document:
26 February 2020
Accessed Date:
22 May 2020
Title:
Military service, including legislation, obligations, and alternatives; consequences for refusal
Source:
Immigration and Refugee Board of Canada
Date of Document:
28 March 2014
Accessed Date:
28 May 2014
Source:
War Resisters' International
Date of Document:
14 December 2017
Accessed Date:
9 May 2019
9.
Judiciary, Legal and Penal Systems
Title:
Concluding observations on the report submitted by Cuba under article 29 (1) of the Convention
Source:
United Nations. Committee on Enforced Disappearances.
Date of Document:
19 April 2017
Accessed Date:
7 May 2018
Title:
Concluding observations on the report submitted by Cuba under article 29 (1) of the Convention. Addendum: Information received from Cuba on follow-up to the concluding observations.
Code:
CED/C/CUB/CO/1/Add.1
Date of Document:
30 April 2018
Accessed Date:
13 May 2020
Title:
UPDATE: Legal Research in Cuba
Date of Document:
September 2018
Accessed Date:
13 May 2020
10.
Police and Security Forces - (No items in this section)
Title:
Annual Report of the Office of the Special Rapporteur for Freedom of Expression: Annual Report of the Inter-American Commission on Human Rights, 2018, vol.2/ Edison Lanza, Special Rapporteur for Freedom of Expression.
Source:
Inter-American Commission on Human Rights; Office of the Special Rapporteur for Freedom of Expression.
Date of Document:
17 March 2019
Accessed Date:
13 May 2020
Title:
Cuba. Freedom on the Net 2019.
Accessed Date:
13 May 2020
Title:
Cuba. International Religious Freedom Report for 2018.
Source:
United States. Department of State.
Date of Document:
21 June 2019
Accessed Date:
13 May 2020
Title:
Cuba. United States Commission on International Religious Freedom Annual Report 2020.
Source:
United States. Commission on International Religious Freedom.
Date of Document:
April 2020
Accessed Date:
22 May 2020
13.
Nationality, Ethnicity and Race
Title:
Cuba. World Directory of Minorities and Indigenous Peoples
Source:
Minority Rights Group International
Date of Document:
June 2019
Accessed Date:
13 May 2020
14.
Exit/Entry and Freedom of Movement
Title:
Green Card for a Cuban Native or Citizen
Source:
United States. Department of Homeland Security.
Date of Document:
13 August 2019
Accessed Date:
13 May 2020
Title:
Treatment by authorities of failed asylum seekers that have returned to Cuba, including treatment of family members that remained in Cuba (2014-April 2016)
Source:
Immigration and Refugee Board of Canada
Date of Document:
4 May 2016
Accessed Date:
27 May 2016
Keywords:
citizenship; freedom of movement; rejected asylum seekers; state surveillance
Title:
Updated agency interpretation of Cuban citizenship law for purposes of the Cuban Adjustment Act; rescission of Matter of Vazquez as an Adopted Decision
Source:
United States. Citizenship and Immigration Services.
Date of Document:
21 November 2017
Accessed Date:
22 May 2018
Title:
La législation en matière de migration
Source:
France. Office français de protection des réfugiés et apatrides.
Date of Document:
9 September 2017
Accessed Date:
9 May 2019
15.
Labour, Employment and Unions - (No items in this section)
16.
Other - (No items in this section)
The following changes have been made to the previous package dated 29 May 2020:
Title:
Cuba. Country Reports on Human Rights Practices for 2019.
Source:
United States. Department of State.
Date of Document:
11 March 2020
URL:
https://www.state.gov/reports/2019-country-reports-on-human-rights-practices/cuba
Accessed Date:
20 March 2020
Disclaimer
National Documentation Packages (NDPs) include country-of-origin information that is publicly accessible at the time of publication and available within time constraints. While the Research Directorate strives to maintain the
NDP with current information, the research is not exhaustive and country conditions can change rapidly. Members of the public are invited to
suggest documents they feel are relevant to the
NDP.
NDPs are not, and do not purport to be, conclusive as to the merit of any particular claim for refugee protection. Rather, they are intended to support the refugee determination process. The assessment and weight to be given to the information in the
NDPs are the responsibility of independent
IRB members (decision-makers) after considering the evidence and arguments presented by the parties.
All sources are fully cited, including a hyperlink, to facilitate the location of the information. The
IRB will attempt to ensure that these links are maintained for the most recent
NDP. It cannot guarantee or be responsible for:
- the functionality of links to external sources,
- the content accessed by these links,
- the availability of external content in both English and French,
- any other part of a third party website.
The information presented in
NDPs solely reflects the views and perspectives of the sources cited and does not necessarily reflect the position of the
IRB or the Government of Canada.