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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 2018
CUBA
List of Documents
1.
General Information and Maps
Source:
United States. Central Intelligence Agency.
Accessed Date:
16 November 2012
Title:
Cuba. L'Encyclopédie en ligne.
Accessed Date:
16 November 2012
Title:
Cuba. The World Factbook.
Source:
United States. Central Intelligence Agency.
Date of Document:
1 May 2018
Accessed Date:
17 May 2018
Title:
Cuba. L'aménagement linguistique dans le monde.
Source:
L'aménagement linguistique dans le monde
Date of Document:
27 November 2016
Accessed Date:
26 May 2017
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. Country Reports on Human Rights Practices for 2017.
Source:
United States. Department of State.
Date of Document:
20 April 2018
Accessed Date:
23 April 2018
Title:
Cuba. Amnesty International Report 2017/2018: The State of the World's Human Rights.
Source:
Amnesty International
Date of Document:
22 February 2018
Accessed Date:
7 May 2018
Title:
Human Rights in Cuba
Source:
Civil Rights Defenders
Date of Document:
16 December 2016
Accessed Date:
26 May 2017
Title:
Cuba. World Report 2018: Events of 2017.
Source:
Human Rights Watch
Date of Document:
January 2018
Accessed Date:
7 May 2018
Title:
Cuba's Political and Economic Environment. Cuba: U.S. Policy in the 115th Congress.
Source:
United States. Congressional Research Service.
Date of Document:
11 May 2018
Accessed Date:
24 May 2018
Title:
Cuba. Freedom in the World 2018.
Accessed Date:
7 May 2018
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
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 Reciprocity Schedule
Source:
United States. Department of State.
Accessed Date:
7 May 2018
4.
Political Activities and Organizations
Title:
I. Political Transformation. Transformation Index 2018 Country Report: Cuba.
Source:
Bertelsmann Stiftung
Accessed Date:
24 May 2018
Title:
Revolution Defence Committees (Comités de Defensa de la Revolución, CDR); whether informants with the CDRs report the population's activities 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
5.
Gender, Domestic Violence and Children
Title:
Cuba. Social Institutions and Gender Index 2014.
Source:
Organisation for Economic Co-operation and Development
Accessed Date:
28 November 2014
Keywords:
children; domestic violence; family law; female genital mutilation; freedom of movement; gender equality; gender-based violence; labour; marriage; police/security forces; political activities; sexual violence
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 2 Watch List. Trafficking in Persons Report 2017.
Source:
United States. Department of State.
Date of Document:
June 2017
Accessed Date:
7 May 2018
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
Keywords:
legislation; military service; penal system
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
10.
Police and Security Forces - (No items in this section)
Title:
Connecting Cuba: More Space for Criticism but Restrictions Slow Press Freedom Progress
Source:
Committee to Protect Journalists
Date of Document:
28 September 2016
Accessed Date:
26 May 2017
Title:
Cuba. Freedom of the Press 2017.
Accessed Date:
7 May 2018
Title:
Cuba. Freedom on the Net 2017.
Accessed Date:
7 May 2018
Title:
Cuba. International Religious Freedom Report for 2017.
Source:
United States. Department of State.
Date of Document:
29 May 2018
Accessed Date:
30 May 2018
Title:
Cuba. United States Commission on International Religious Freedom Annual Report 2018.
Source:
United States. Commission on International Religious Freedom.
Date of Document:
April 2018
Accessed Date:
24 May 2018
13.
Nationality, Ethnicity and Race
Title:
Afro-Cubans. Current Issues. World Directory of Minorities and Indigenous Peoples.
Source:
Minority Rights Group International
Accessed Date:
15 May 2015
Keywords:
ethnic and national groups; labour; race; statistics
Title:
Consideration of reports submitted by States parties under article 9 of the Convention. Nineteenth to twenty-first periodic reports of States parties due in 2013: Cuba.
Date of Document:
9 September 2016
Accessed Date:
26 May 2017
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:
10 January 2018
Accessed Date:
7 May 2018
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
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 30 April 2018:
Title:
Cuba. The World Factbook.
Source:
United States. Central Intelligence Agency.
Date of Document:
1 May 2017
URL:
https://www.cia.gov/library/publications/the-world-factbook/geos/cu.html
Accessed Date:
26 May 2017
Title:
Cuba. Amnesty International Annual Report 2016/17: The State of the World's Human Rights.
Source:
Amnesty International
URL:
https://www.amnesty.org/en/countries/americas/cuba/report-cuba/
Accessed Date:
26 May 2017
Title:
Cuba. World Report 2017: Events of 2016.
Source:
Human Rights Watch
Date of Document:
January 2017
URL:
https://www.hrw.org/world-report/2017/country-chapters/cuba
Accessed Date:
30 May 2017
Title:
Political Conditions. Cuba: U.S. Policy in the 115th Congress.
Source:
United States. Congressional Research Service.
Date of Document:
21 April 2017
URL:
https://fas.org/sgp/crs/row/R44822.pdf
Accessed Date:
26 May 2017
Title:
Cuba. Freedom in the World 2017.
URL:
https://freedomhouse.org/report/freedom-world/2017/cuba
Accessed Date:
30 May 2017
Title:
National Report Submitted in Accordance with Paragraph 5 of the Annex to Human Rights Council Resolution 16/21: Cuba
Code:
A/HRC/WG.6/16/CUB/1
Date of Document:
7 February 2013
URL:
http://www.ohchr.org/EN/HRBodies/UPR/Pages/CUIndex.aspx
Accessed Date:
30 May 2013
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 Reciprocity Schedule
Source:
United States. Department of State.
URL:
http://travel.state.gov/content/visas/english/fees/reciprocity-by-country/CU.html
Accessed Date:
26 May 2017
Title:
I. Political Transformation. Bertelsmann Stiftung, BTI 2016 : Cuba Country Report.
Source:
Gütersloh: Bertelsmann Stiftung
URL:
http://www.bti-project.org/en/reports/country-reports/detail/itc/CUB/
Accessed Date:
18 March 2016
Keywords:
citizenship; corruption; election; freedom of assembly; freedom of expression; freedom of the press; government corruption; institutional efficacy; Internet; judicial corruption; labour; legal system; legislation; nationality; political activities; political opposition; political organizations; race; religion; sexual minorities; statistics
Title:
Cuba (Tier 2 Watch List). Trafficking in Persons Report 2016.
Source:
United States. Department of State.
Date of Document:
July 2016
URL:
https://www.state.gov/j/tip/rls/tiprpt/countries/2016/258752.htm
Accessed Date:
26 May 2017
Title:
Cuba. Freedom of the Press 2016.
URL:
https://freedomhouse.org/report/freedom-press/2016/cuba
Accessed Date:
26 May 2017
Title:
Cuba. Freedom on the Net 2016.
URL:
https://freedomhouse.org/report/freedom-net/2016/cuba
Accessed Date:
26 May 2017
Title:
Cuba. International Religious Freedom Report for 2015.
Source:
United States. Department of State.
Date of Document:
10 August 2016
URL:
http://www.state.gov/j/drl/rls/irf/religiousfreedom/index.htm?year=2015&dlid=256347
Accessed Date:
26 May 2017
Title:
Cuba. United States Commission on International Religious Freedom Annual Report 2017.
Source:
United States. Commission on International Religious Freedom.
Date of Document:
April 2017
URL:
http://www.uscirf.gov/sites/default/files/2017.USCIRFAnnualReport.pdf
Accessed Date:
26 May 2017
Title:
Green Card for a Cuban Native or Citizen
Source:
United States. Department of Homeland Security.
Date of Document:
12 January 2017
URL:
https://www.uscis.gov/green-card/other-ways-get-green-card/green-card-cuban-native-or-citizen
Accessed Date:
26 May 2017
Title:
Whether a person suspected of anti-government activities or a person who has been punished for not being patriotic would have been able to obtain a passport and an exit permit (2010-2013)
Source:
Immigration and Refugee Board of Canada
Date of Document:
21 February 2013
URL:
http://irb-cisr.gc.ca/Eng/ResRec/RirRdi/Pages/index.aspx?doc=454418
Accessed Date:
25 April 2013
Keywords:
freedom of assembly; freedom of expression; freedom of movement; human rights activists; identity documents; Internet; legislation; political activities; political opposition; political organizations; political prisoners; state surveillance
Title:
Cuba. Country Reports on Terrorism 2015.
Source:
United States. Department of State.
Date of Document:
June 2016
URL:
https://www.state.gov/j/ct/rls/crt/2015/257519.htm
Accessed Date:
26 May 2017
Title:
Cuba. International Narcotics Control Strategy Report 2017, Volume I: Drug and Chemical Control.
Source:
United States. Department of State.
Date of Document:
March 2017
URL:
https://www.state.gov/documents/organization/268025.pdf
Accessed Date:
26 May 2017
Title:
Treatment of 'deserters,' and whether the law regarding dereliction of duty is applied, including towards university professors (2014-2015)
Source:
Immigration and Refugee Board of Canada
Date of Document:
8 October 2015
URL:
http://irb-cisr.gc.ca/Eng/ResRec/RirRdi/Pages/index.aspx?doc=456152
Accessed Date:
25 May 2016
Keywords:
freedom of movement; legal system; legislation; rejected asylum seekers
Title:
List of issues in relation to the report submitted by Cuba under article 29, paragraph 1, of the Convention. Addendum: Replies of Cuba to the list of issues.
Code:
CED/C/CUB/Q/1/Add.1
Date of Document:
2 February 2017
URL:
http://undocs.org/CED/C/CUB/Q/1/Add.1
Accessed Date:
26 May 2017
Title:
New exit-permit rules for Cuban citizens, including requirements and procedures; situation of Cuban citizens who left under the previous rules and are in violation of the law; whether doctors encounter obstacles to obtain exit permits because of ...
Source:
Immigration and Refugee Board of Canada
Date of Document:
21 February 2013
URL:
http://irb-cisr.gc.ca/Eng/ResRec/RirRdi/Pages/index.aspx?doc=454417
Accessed Date:
25 April 2013
Keywords:
citizenship; freedom of expression; freedom of movement; freedom of the press; human rights activists; identity documents; Internet; legislation; political activities; state surveillance
Title:
Migration Issues. Cuba: U.S. Policy in the 115th Congress.
Source:
United States. Congressional Research Service.
Date of Document:
21 April 2017
URL:
https://fas.org/sgp/crs/row/R44822.pdf
Accessed Date:
26 May 2017
Title:
United States and Cuba: The US' Cuban Refugee Adjustment Act, including whether Cubans who live in or transit the US before arriving in Canada are subject to the Act and, if so, how the Act is applied in practice; status granted to Cubans under the ...
Source:
Immigration and Refugee Board of Canada
Date of Document:
11 October 2013
URL:
http://irb-cisr.gc.ca/Eng/ResRec/RirRdi/Pages/index.aspx?doc=454968&pls=1
Accessed Date:
28 May 2015
Keywords:
freedom of movement
Title:
Rescission of the Wet-Foot/Dry-Foot Policy as to Aliens from Cuba Raises Legal Questions
Source:
United States. Congressional Research Service. Legal Sidebar.
Date of Document:
18 January 2017
URL:
https://fas.org/sgp/crs/row/wetfoot.pdf
Accessed Date:
26 May 2017
Title:
The Habilitación visa and permit, including differences between the two documents, as well as requirements and procedures to obtain the documents; consequences for violating the terms of the Habilitación; whether Law 989 is still in effect...
Source:
Immigration and Refugee Board of Canada
Date of Document:
26 July 2013
URL:
http://irb-cisr.gc.ca/Eng/ResRec/RirRdi/Pages/index.aspx?doc=454706
Accessed Date:
29 May 2014
Keywords:
freedom of movement; identity documents; legislation
Title:
Cuba and Mexico: Authorization to return, including requirements and procedure to obtain it; circumstances that may lead to the loss of Cuban citizenship, in particular for a Cuban citizen who has obtained Mexican citizenship (2010-October 2013)
Source:
Immigration and Refugee Board of Canada
Date of Document:
12 November 2013
URL:
http://irb-cisr.gc.ca/Eng/ResRec/RirRdi/Pages/index.aspx?doc=455299&pls=1
Accessed Date:
28 May 2014
Keywords:
children; citizenship; freedom of movement; legislation
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
URL:
https://www.ecoi.net/en/file/local/1406025/1226_1504088552_accord-coi-compilation-cuba.pdf
Accessed Date:
7 May 2018
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
URL:
https://www.amnesty.org/en/documents/amr25/7299/2017/en/
Accessed Date:
7 May 2018
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
URL:
http://undocs.org/en/CED/C/CUB/CO/1
Accessed Date:
7 May 2018
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
URL:
https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2017/2017-12-21-PM-602-0154-Matter-of-Vazquez-Rescission.pdf
Accessed Date:
22 May 2018
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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.
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NDPs are the responsibility of independent
IRB members (decision-makers) after considering the evidence and arguments presented by the parties.
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NDP. It cannot guarantee or be responsible for:
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