Policy Note: Notice of Revocation of two RPD decisions as Jurisprudential Guides - Costa Rica
October 27, 2011
On 13 May 2003, pursuant to s. 159(1)(h) of the Immigration and Refugee Protection Act and in accordance with the Policy on the Use of Jurisprudential Guides (Policy 2003-01), following consultation with the Deputy Chairperson of the RPD, the IRB Chairperson identified the following two decisions of the RPD as Jurisprudential Guides:
- Decision TA0-15870, Schlanger, March 31st, 2003.
Scope: Costa Rican claimants seeking protection due to their sexual orientation. Determination of the claim based on the issue of state protection.
- Decision TA2-14980, Schlanger, March 20th, 2003.
Scope: Costa Rican claimants seeking protection due to fear of criminality. Determination of the claim based on the issue of state protection.
These decisions concluded that based on the documentary evidence available at the time, state protection was available to the claimants in question. The decisions were identified as Jurisprudential Guides because they offered a sound analysis of the legal and factual issues raised and as such, would be useful to other panels dealing with similar cases.
The documentary evidence upon which these decisions were based is no longer current and consequently, the value of the decisions as Jurisprudential Guides is significantly diminished. Accordingly, as of the date of this Notice, the designation of the two decisions as Jurisprudential Guides is revoked.
Ken Sandhu
Acting Chairperson
Immigration and Refugee Board of Canada