Persuasive decisions are decisions that have been identified by a division head (the Deputy Chairperson of the Refugee Protection Division or the Immigration Appeal Division, or the Director General of the Immigration Division) as being of persuasive value in developing the jurisprudence of a particular division. These decisions are well written, provide clear, complete and concise reasons with respect to the particular element that is considered to have persuasive value, and consider all of the relevant issues in a case. Accordingly, members are encouraged to rely upon persuasive decisions in the interests of consistency and effective decision-making. This consistency also helps parties and counsel prepare for proceedings before the IRB, and may encourage early resolution without a hearing, where appropriate.
The use of persuasive decisions enables the IRB to move toward a consistent application of the law in a transparent manner. Their designation promotes efficiency in the hearing and reasons writing process by making use of quality work done by colleagues.
Unlike jurisprudential guides, decision makers are not required to explain their decision not to apply a persuasive decision.
Refugee Protection Division
VA9-02166 (December 2010)
In this decision, the claimant asserts that he has been and will be persecuted by the Sri Lankan army, government officials and paramilitary agents associated with the Sri Lankan government if he returns to Sri Lanka because he is a member of a particular social group of 'young male Tamils from northern Sri Lanka'. He also claimed a nexus to the Convention grounds of perceived political opinion and nationality. | Notice of Identification
TA6-07453 (May 2008)
This decision has persuasive value in regard to claimants from Mexico seeking protection due to their fear that the Mexican state is unable to protect them from criminality by common criminals because of corruption within the police. The reasons cite the documentary evidence which relates to state protection and conclude with a finding that for such claimants, adequate state protection is available. | Notice of Identification
Policy Note on Persuasive Decisions