Federal Court okays IRB’s use of jurisprudential guides on facts but disapproves ‘statements of expectation’

By Cristin Schmitz ( September 6, 2019, 12:58 PM EDT) -- In a decision expected to be appealed, the Federal Court has approved the use by the Immigration and Refugee Board (IRB) of “jurisprudential guides” containing factual determinations; however, the court also declared unlawful and inoperative accompanying “statements of expectation” that improperly fetter board members’ discretion to reach their own conclusions on matters of fact....