Canadian Refugee Procedure/Guideline 3 - Proceedings Involving Minors at the Immigration and Refugee Board

The Guideline

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The text of the relevant Guideline as available at this citation.[1]

The former guideline was to be taken into account in a procedural, not a substantive manner

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The Chairperson Guidelines 3 were to be taken into account in a procedural, not a substantive manner: Zidan v Canada.[2] That version of the Chairperson Guidelines 3 concerned the fair conduct of a hearing and not deficiencies in the claim itself: Newton v Canada.[3] That was true until the guideline was overhauled on October 31, 2023, as the present version now concerns substantive matters as well as procedural ones.

References

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  1. Immigration and Refugee Board of Canada, Chairperson’s Guideline 3: Proceedings Involving Minors at the Immigration and Refugee Board, ​​​​​​​​​​​Effective date: October 3​1, 2023, <https://irb-cisr.gc.ca/en/legal-policy/policies/Pages/GuideDir03.aspx> (Accessed October 31, 2023).
  2. Zidan v Canada (Citizenship and Immigration), 2021 FC 170 [per Little J] at para 40.
  3. Newton v Canada (Minister of Citizenship and Immigration), 2000 CanLII 15385 (FC) [per Pelletier J] at para 18.