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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 2019
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:
15 May 2019
Accessed Date:
27 May 2019
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 115th Congress
Source:
United States. Congressional Research Service.
Date of Document:
15 January 2019
Accessed Date:
9 May 2019
Title:
Cuba. Country Reports on Human Rights Practices for 2018.
Source:
United States. Department of State.
Date of Document:
13 March 2019
Accessed Date:
21 March 2019
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 2019: Events of 2018.
Source:
Human Rights Watch
Date of Document:
January 2019
Accessed Date:
8 May 2019
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 2019.
Accessed Date:
27 May 2019
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. U.S. Visa: Reciprocity and Civil Documents by Country.
Source:
United States. Department of State.
Accessed Date:
27 May 2019
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:
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
Title:
Five Keys to Presidential Change in Cuba
Source:
Council on Hemispheric Affairs
Date of Document:
17 May 2018
Accessed Date:
9 May 2019
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 2 Watch List. Trafficking in Persons Report 2018.
Source:
United States. Department of State.
Date of Document:
28 June 2018
Accessed Date:
27 May 2019
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:
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
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
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 2018.
Accessed Date:
9 May 2019
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 2019.
Source:
United States. Commission on International Religious Freedom.
Date of Document:
April 2019
Accessed Date:
27 May 2019
13.
Nationality, Ethnicity and Race
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
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 March 2019:
Title:
Cuba. The World Factbook.
Source:
United States. Central Intelligence Agency.
Date of Document:
1 May 2018
URL:
https://www.cia.gov/library/publications/the-world-factbook/geos/cu.html
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
URL:
http://www.axl.cefan.ulaval.ca/amsudant/cuba.htm
Accessed Date:
26 May 2017
Title:
Cuba. World Report 2018: Events of 2017.
Source:
Human Rights Watch
Date of Document:
January 2018
URL:
https://www.hrw.org/world-report/2018/country-chapters/cuba
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
URL:
https://fas.org/sgp/crs/row/R44822.pdf
Accessed Date:
24 May 2018
Title:
Cuba. Freedom in the World 2018.
URL:
https://freedomhouse.org/report/freedom-world/2018/cuba
Accessed Date:
7 May 2018
Title:
Cuba Reciprocity Schedule
Source:
United States. Department of State.
URL:
https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/Cuba.html
Accessed Date:
7 May 2018
Title:
Cuba. Social Institutions and Gender Index 2014.
Source:
Organisation for Economic Co-operation and Development
URL:
http://www.genderindex.org/country/cuba
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:
Cuba: Tier 2 Watch List. Trafficking in Persons Report 2017.
Source:
United States. Department of State.
Date of Document:
June 2017
URL:
https://www.state.gov/j/tip/rls/tiprpt/countries/2017/271173.htm
Accessed Date:
7 May 2018
Title:
Cuba. Freedom on the Net 2017.
URL:
https://freedomhouse.org/report/freedom-net/2017/cuba
Accessed Date:
7 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
URL:
http://www.uscirf.gov/sites/default/files/2018USCIRFAR.pdf
Accessed Date:
24 May 2018
Title:
Afro-Cubans. Current Issues. World Directory of Minorities and Indigenous Peoples.
Source:
Minority Rights Group International
URL:
http://minorityrights.org/minorities/afro-cubans/
Accessed Date:
15 May 2015
Keywords:
ethnic and national groups; labour; race; statistics
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
URL:
https://undocs.org/en/A/HRC/38/40/Add.1
Accessed Date:
9 May 2019
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
URL:
https://irb-cisr.gc.ca/en/country-information/rir/Pages/index.aspx?doc=457797
Accessed Date:
29 May 2019
Title:
Five Keys to Presidential Change in Cuba
Source:
Council on Hemispheric Affairs
Date of Document:
17 May 2018
URL:
http://www.coha.org/five-keys-to-presidential-change-in-cuba/
Accessed Date:
9 May 2019
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
URL:
https://undocs.org/A/HRC/38/45/Add.1
Accessed Date:
9 May 2019
Source:
War Resisters' International
Date of Document:
14 December 2017
URL:
https://www.wri-irg.org/en/programmes/world_survey/reports/Cuba
Accessed Date:
9 May 2019
Title:
La législation en matière de migration
Source:
France. Office français de protection des réfugiés et apatrides.
Date of Document:
9 September 2017
URL:
https://www.ofpra.gouv.fr/sites/default/files/atoms/files/24_cub_la_legislation_en_matiere_de_migration.pdf
Accessed Date:
9 May 2019
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.