Federal Court of Appeal Releases Decision Supportive of the Use of Jurisprudential Guides

  • February 06, 2021
  • Ed Montigny

Canadian Association of Refugee Lawyers v. Minister of Immigration Refugees and Citizenship and the Immigration Refugee Board  2020 FCA 196(CanLII)

The Canadian Association of Refugee Lawyers appealed and the Minister of Citizenship and Immigration cross-appealed a decision of the Federal Court in the matter of Canadian Association of Refugee Lawyers v. Canada (Citizenship and Immigration), 2019 FC 1126 (CanLII).

The decision involved two applications for judicial review challenging the designation of four Jurisprudential Guides by the Chairperson of the Immigration and Refugee Board of Canada (IRB). One application concerned the designation of three decisions from the Refugee Appeal Division (RAD) pertaining to Pakistan, India and China. The other application dealt with the designation of a decision pertaining to Nigeria.

The Federal Court found that the Jurisprudential Guides relating to India, Pakistan and China were unlawful and inoperative while the court had no issue with the Jurisprudential Guide relating to Nigeria.

In the case of the IRB’s Jurisprudential Guides, the more specific concern raised was that the Jurisprudential Guides did not strictly deal with application of the law, but also issues of fact with respect to certain countries.