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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
31 May 2024
CHILE
List of Documents
1.
General Information and Maps
Source:
United Nations. Cartographic Section.
Date of Document:
March 2010
Accessed Date:
7 May 2020
Title:
Chili. L'Encyclopédie en ligne.
Accessed Date:
5 November 2012
Title:
Chile. The World Factbook.
Source:
United States. Central Intelligence Agency.
Date of Document:
16 May 2023
Accessed Date:
24 May 2023
Title:
Chile. Social Security Programs Throughout the World: The Americas, 2019.
Source:
United States. Social Security Administration.
Date of Document:
March 2020
Accessed Date:
7 May 2020
Title:
Chile. BTI 2022 Country Report.
Date of Document:
February 2022
Accessed Date:
7 April 2022
Title:
Chile: An Overview. In Focus.
Source:
United States. Congressional Research Service.
Date of Document:
19 April 2022
Accessed Date:
25 April 2022
Title:
Chile. Country Reports on Human Rights Practices for 2023.
Source:
United States. Department of State.
Date of Document:
22 April 2024
Accessed Date:
15 May 2024
Title:
Chile. Amnesty International Report 2022/23: The State of the World's Human Rights.
Source:
Amnesty International
Date of Document:
27 March 2023
Accessed Date:
10 May 2023
Title:
Chile. World Report 2023: Events of 2022.
Source:
Human Rights Watch
Date of Document:
January 2023
Accessed Date:
5 May 2023
Title:
Concluding observations on the sixth periodic report of Chile. Addendum.
Code:
CAT/C/CHL/CO/6/add.1
Source:
United Nations. Committee against Torture
Date of Document:
11 September 2019
Accessed Date:
7 May 2020
Title:
National report submitted in accordance with paragraph 5 of the annex to Human Rights Council resolution 16/21: Chile
Code:
A/HRC/WG.6/32/CHL/1
Date of Document:
7 November 2018
Accessed Date:
25 April 2019
Title:
Compilation on Chile
Code:
A/HRC/WG.6/32/CHL/2
Source:
Office of the United Nations High Commissioner for Human Rights
Date of Document:
16 November 2018
Accessed Date:
25 April 2019
Title:
Summary of Stakeholders' submissions on Chile
Code:
A/HRC/WG.6/32/CHL/3
Source:
Office of the United Nations High Commissioner for Human Rights
Date of Document:
6 November 2018
Accessed Date:
25 April 2019
Title:
Concluding observations on the sixth periodic report of Chile
Source:
United Nations. Committee against Torture.
Date of Document:
28 August 2018
Accessed Date:
25 April 2019
Title:
Social and Political Crisis in Chile 2019-2020: Systematic and Widespread Human Rights Violations
Source:
Observatory on Violence, Criminalization and Democracy
Date of Document:
June 2020
Author:
Pierre Mouterde; Luc Allaire
Accessed Date:
5 May 2021
Title:
Report of the Mission to Chile 30 October – 22 November 2019
Source:
Office of the United Nations High Commissioner for Human Rights
Date of Document:
13 December 2019
Accessed Date:
7 May 2020
Title:
Chile. Freedom in the World 2022.
Accessed Date:
7 April 2022
Title:
Chile. Chapter IV.A: Human Rights Development in the Region. Annual Report 2022.
Code:
OEA/Ser.L/V/II. Doc. 50 rev. 1
Source:
Organization of American States. Inter-American Commission on Human Rights.
Date of Document:
1 April 2023
Accessed Date:
10 May 2023
3.
Identification Documents and Citizenship
Title:
Chapter II: Nationality and Citizenship. Chile's Constitution of 1980 with Amendments through 2021.
Source:
Chile; Comparative Constitutions Project
Accessed Date:
10 May 2023
Title:
The implications of Chile's 2021 Immigration Law for citizenship and nationality
Source:
European University Institute. Global Citizenship Observatory.
Date of Document:
2 November 2021
Author:
Juan Pablo Ramaciotti
Accessed Date:
25 April 2022
Title:
Report on Citizenship Law: Chile
Source:
European University Institute. European Union Democracy Observatory on Citizenship.
Date of Document:
April 2016
Author:
Gabriel Echeverría
Accessed Date:
1 March 2017
Title:
IV. Chile. Born in the Americas: The Promise and Practice of Nationality Laws in Brazil, Chile and Colombia.
Source:
Open Society Foundations
Date of Document:
March 2017
Author:
Juliana Vengoechea Barrios
Editor:
Kate Epstein; David Berry
Accessed Date:
20 April 2017
Title:
Chile. U.S. Visa: Reciprocity and Civil Documents by Country.
Source:
United States. Department of State.
Accessed Date:
24 May 2023
Title:
Information on child custody documentation through which the father grants complete custody of the child to the mother, including appearance and content (2016-November 2018)
Source:
Immigration and Refugee Board of Canada
Date of Document:
9 November 2018
Accessed Date:
26 April 2019
Title:
Chile and Haiti: Requirements and procedures for foreign nationals, particularly Haitians, including parents or spouses of Chilean citizens or permanent residents, to obtain and maintain permanent residence in Chile, including through temporary residence; rights and obligations of permanent residents; circumstances leading to the loss of permanent residence; possibility of extending or reacquiring status if lost or expired (2021–January 2023)
Source:
Immigration and Refugee Board of Canada
Date of Document:
21 July 2023
Accessed Date:
25 July 2023
Title:
Chile and Venezuela: Access for Venezuelans to obtain legal residency status in Chile, including rights and obligations of residency (2021–January 2023)
Source:
Immigration and Refugee Board of Canada
Date of Document:
30 January 2023
Accessed Date:
27 February 2023
Title:
Digital Government in Chile – Digital Identity
Source:
OECD e-Government Studies
Date of Document:
1 October 2019
Accessed Date:
5 May 2021
Title:
Chile – Extensions of ID Cards and Venezuelan Passports
Source:
KPMG International Limited
Date of Document:
8 February 2021
Accessed Date:
7 April 2022
4.
Political Activities and Organizations
Title:
Republic of Chile. Election for President of 19 December 2021.
Source:
International Foundation for Electoral Systems. Election Guide.
Accessed Date:
25 April 2022
Title:
About parliament; Election results. Chile: Senate.
Source:
Inter-Parliamentary Union. Parline.
Accessed Date:
7 April 2022
Title:
Republic of Chile. Referendum of 4 September 2022.
Source:
International Foundation for Electoral Systems. Election Guide.
Accessed Date:
10 May 2023
Title:
Scenarios in Chile after a failed constitution
Source:
Geopolitical Intelligence Services
Date of Document:
24 October 2022
Author:
John Polga-Hecimovich
Accessed Date:
10 May 2023
Title:
Chile's Rejection of the New Constitution is a Sign of Democratic Maturity
Source:
Carnegie Endowment for International Peace
Date of Document:
8 September 2022
Accessed Date:
10 May 2023
Title:
About parliament; Election results. Chile: Chamber of Deputies.
Source:
Inter-Parliamentary Union. Parline.
Accessed Date:
7 April 2022
5.
Gender, Domestic Violence and Children
Title:
Family law in Chile: overview
Source:
Thomson Reuters. Practical Law.
Date of Document:
1 November 2020
Author:
Daniela Horvitz Lennon
Accessed Date:
5 May 2021
Title:
Chile. Social Institutions and Gender Index 2019.
Source:
Organisation for Economic Co-operation and Development
Date of Document:
7 December 2018
Accessed Date:
25 April 2019
Title:
Concluding observations on the seventh periodic report of Chile
Source:
United Nations. Convention on the Elimination of All Forms of Discrimination against Women.
Date of Document:
14 March 2018
Accessed Date:
25 April 2019
Title:
Avortement au Chili: les femmes face à d'innombrables obstacles
Source:
International Federation for Human Rights
Date of Document:
August 2018
Accessed Date:
25 April 2019
Title:
Chile: Law Permits Abortion on Three Grounds
Source:
United States. Law Library of Congress. Global Legal Monitor.
Date of Document:
25 May 2018
Author:
Graciela Rodriguez-Ferrand
Accessed Date:
25 April 2019
Title:
Chile: Justice for sexual abuse of children
Source:
Child Rights International Network
Accessed Date:
7 May 2020
Title:
Chile. 2021 Findings on the Worst Forms of Child Labor.
Source:
United States. Department of Labor.
Date of Document:
28 September 2022
Accessed Date:
10 May 2023
Title:
Eighth periodic report submitted by Chile under article 18 of the Convention, due in 2022
Source:
United Nations. Committee on the Elimination of Discrimination against Women.
Date of Document:
16 May 2022
Accessed Date:
10 May 2023
Title:
Chile: Domestic Violence Legislation. Fighting Domestic Violence: Latin America and the Caribbean.
Accessed Date:
10 May 2023
Title:
Intimate Partner Violence against Women: Prevalence, Formal Reporting, and Risk Factors in Chile
Date of Document:
April 2022
Author:
Trinidad Saavendra et al.
Accessed Date:
10 May 2023
Title:
Chile: ‘Three Grounds' abortion law inadequate
Source:
Latin America Bureau
Date of Document:
8 March 2022
Accessed Date:
10 May 2023
Title:
Domestic violence, including treatment of survivors by society and authorities; state protection, including for survivors who are persons with diverse sexual orientation, gender identity and expression, and sex characteristics (SOGIESC) and survivors who are Indigenous; support services available to survivors, including mental health services (2021–April 2023)
Source:
Immigration and Refugee Board of Canada
Date of Document:
2 May 2023
Accessed Date:
29 May 2023
Title:
Child custody rights, including legislation; whether a parent can relocate with a child without notifying the other parent, including in situations involving domestic violence and in situations when a protection or restraining order is in place; procedures for a parent to locate their child (2021–April 2023)
Source:
Immigration and Refugee Board of Canada
Date of Document:
4 May 2023
Accessed Date:
29 May 2023
Title:
Over the Rainbow? The Road to LGBTI Inclusion: How does Chile Compare?
Source:
Organisation for Economic Co-operation and Development
Date of Document:
June 2020
Accessed Date:
7 April 2022
Title:
Chile. Trans Legal Mapping Report 2019: Recognition before the law.
Source:
International Lesbian, Gay, Bisexual, Trans and Intersex Association
Date of Document:
September 2020
Accessed Date:
5 May 2021
Title:
Chile Overwhelmingly Passes Marriage Equality
Source:
Human Rights Watch
Date of Document:
7 December 2021
Author:
Cristian González Cabrera
Accessed Date:
7 April 2022
Title:
Queer Refugee Hearings Program Country of Origin Information Report: Chile
Source:
Capital Rainbow Refuge
Date of Document:
March 2021
Accessed Date:
25 April 2022
7.
Criminality and Corruption
Title:
Chile: Tier 1. Trafficking in Persons Report 2022.
Source:
United States. Department of State.
Date of Document:
19 July 2022
Accessed Date:
10 May 2023
Title:
OSAC Country Security Report. Chile.
Source:
United States. Overseas Security Advisory Council.
Date of Document:
10 November 2022
Accessed Date:
10 May 2023
Title:
By Land and Sea - Chile Dealing with Surge of Creepy Marijuana
Date of Document:
20 January 2022
Accessed Date:
25 April 2022
Title:
Chile. Global Organized Crime Index.
Source:
Global Initiative Against International Organized Crime
Accessed Date:
7 April 2022
Date of Document:
November 2020
Accessed Date:
10 May 2023
Title:
Chile. The Anti-Bribery and Anti-Corruption Review.
Editor:
Mark F. Mendelsohn
Accessed Date:
10 May 2023
Title:
Gangs, cartels and organized criminal groups, including their areas of influence and alliances within and outside the country; presence of Colombian drug cartels in the country, including whether they may pose a threat to an individual; ...
Source:
Immigration and Refugee Board of Canada
Date of Document:
10 May 2021
Accessed Date:
26 May 2021
8.
Military Service - (No items in this section)
9.
Judiciary, Legal and Penal Systems
Title:
Update: Essential Issues of the Chilean Legal System
Date of Document:
February 2019
Author:
Sergio Endress Gómez et al.
Accessed Date:
5 May 2021
Title:
Chili : Possibilités de révision des condamnations pénales
Source:
France. Office français de protection des réfugiés et apatrides.
Date of Document:
19 September 2018
Accessed Date:
5 May 2021
Title:
State protection authorities, including whether protection is available from the Office of the Prosecutor General (Ministerio Público) [also translated as Public Ministry or Public Prosecutor's Office] or criminal courts directly; effectiveness of state authorities in investigating crimes, laying charges, obtaining convictions, and protecting citizens (2021–April 2023)
Source:
Immigration and Refugee Board of Canada
Date of Document:
10 May 2023
Accessed Date:
29 May 2023
10.
Police and Security Forces
Title:
State of Privacy Chile
Source:
Privacy International
Date of Document:
26 January 2019
Accessed Date:
25 April 2019
Title:
Chile: Police Reforms Needed in the Wake of Protests
Source:
Human Rights Watch
Date of Document:
26 November 2019
Accessed Date:
7 May 2020
Title:
State Communications Surveillance and the Protection of Fundamental Rights in Chile
Source:
Necessary and Proportionate
Date of Document:
December 2015
Author:
Valentina Hernández et al.
Accessed Date:
10 April 2018
Source:
New Internationalist
Date of Document:
27 July 2020
Accessed Date:
5 May 2021
Title:
Chili : Pratique de la torture par les forces de sécurité
Source:
France. Office français de protection des réfugiés et apatrides.
Date of Document:
2 October 2018
Accessed Date:
5 May 2021
Title:
Chile. The Law on Police Use of Force Worldwide.
Source:
University of Pretoria. Institute for International and Comparative Law in Africa.
Accessed Date:
7 April 2022
Title:
Expression Meets Répression: Social Movements and Police Violence in Chile.
Source:
Transnational Institute
Date of Document:
16 May 2021
Author:
Antonia Hinojosa Del Campo et al.
Accessed Date:
7 April 2022
Title:
Eyes on Chile: Police violence and command responsibility during the period of social unrest
Source:
Amnesty International
Date of Document:
14 October 2020
Accessed Date:
10 May 2023
Title:
Chile. Annual Report of the Inter-American Commission on Human Rights 2022. Volume II: Annual Report of the Office of the Special Rapporteur for Freedom of Expression.
Source:
Organization of American States. Inter-American Commission on Human Rights.
Date of Document:
6 March 2023
Accessed Date:
17 May 2023
Title:
Chile. International Religious Freedom Report for 2021.
Source:
United States. Department of State.
Date of Document:
2 June 2022
Accessed Date:
10 May 2023
13.
Nationality, Ethnicity and Race
Title:
Chile. The Indigenous World 2023.
Source:
International Work Group for Indigenous Affairs
Date of Document:
April 2023
Author:
Lorena Arce et al.
Accessed Date:
17 May 2023
Title:
Chile. Mapuche. World Directory of Minorities and Indigenous Peoples.
Source:
Minority Rights Group International
Date of Document:
September 2017
Accessed Date:
25 April 2019
Title:
Supplementary Report on the application of the International Convention on the Elimination of All Forms of Racial Discrimination (CERD)
Source:
National Institute of Human Rights of Chile
Date of Document:
28 October 2019
Accessed Date:
5 May 2021
Title:
Combined twenty-second and twenty-third periodic reports submitted by Chile under article 9 of the Convention, due in 2016
Date of Document:
14 September 2018
Accessed Date:
5 May 2021
Title:
The Treatment of Haitian Migrants in Chile: Country Conditions Memo
Source:
University of California Hastings College of the Law. Center for Gender & Refugee Studies.
Date of Document:
17 June 2021
Accessed Date:
7 April 2022
Title:
Rapa Nui (Easter Island). The Indigenous World 2023.
Source:
International Work Group for Indigenous Affairs
Date of Document:
April 2023
Author:
Benjamin Ilabaca D.
Accessed Date:
17 May 2023
Title:
Chile and Haiti: Situation and treatment of Haitian nationals in Chile, including access to employment, housing, and social services; state protection (2021–January 2023)
Source:
Immigration and Refugee Board of Canada
Date of Document:
20 January 2023
Accessed Date:
27 February 2023
Title:
Concluding observations on the combined twenty-second and twenty-third reports of Chile
Code:
CERD/C/CHL/CO/22-23
Source:
United Nations. Committee on the Elimination of Racial Discrimination.
Date of Document:
13 September 2022
Accessed Date:
10 May 2023
14.
Exit/Entry and Freedom of Movement
Title:
Chile: Rulings Uphold Rights of Deported Venezuelans
Source:
Human Rights Watch
Date of Document:
28 July 2021
Accessed Date:
7 April 2022
Title:
Chile – Reform of Chile's Immigration Laws
Source:
KPMG International Limited
Date of Document:
23 February 2022
Accessed Date:
7 April 2022
Title:
Argentina, Bolivia, Brazil, Chile, Colombia, Ecuador, Guyana, Paraguay, Peru, Suriname, and Uruguay: Rights of citizens of countries belonging to the Southern Common Market (Mercado Común del Sur, MERCOSUR) to residence, employment, and education in other MERCOSUR countries (2021–April 2023)
Source:
Immigration and Refugee Board of Canada
Date of Document:
24 April 2023
Accessed Date:
29 May 2023
15.
Labour, Employment and Unions
Title:
Anti-Discrimination Laws
Date of Document:
27 July 2022
Accessed Date:
10 May 2023
16.
Other - (No items in this section)
The following changes have been made to the previous package dated 31 July 2023:
Title:
Chile. Country Reports on Human Rights Practices for 2022.
Source:
United States. Department of State.
Date of Document:
20 March 2023
URL:
https://www.state.gov/reports/2022-country-reports-on-human-rights-practices/chile/
Accessed Date:
10 May 2023
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.