Case Law

Application for review of decision of the Immigration and Refugee Board. Application granted on basis that the Board’s decision was unreasonable.

22 March 2012 | Judicial Body: Canada: Federal Court | Topic(s): Credibility assessment - Falun Gong - Religious persecution (including forced conversion) | Countries: Canada - China

The Federal Court of Appeal subsequently refused the Minister of Citizenship and Immigration's motion to introduce new evidence: Canada (Minister of Citizenship and Immigration) v. Chen, 2006 FCA 414, 19 December 2006.

25 July 2006 | Judicial Body: Canada: Federal Court | Topic(s): Credibility assessment - Evidence (including age and language assessments / medico-legal reports) - Immigration Detention - Legal representation / Legal aid - Rejected asylum-seekers - Rule of law / Due process / Procedural fairness | Countries: Canada - China

See also: Lai Cheong Sing and Others v. Minister of Citizenship and Immigration, [2005] FCA 125 (11 April 2005). Application for leave to appeal to the Supreme Court of Canada dismissed on 9 May 2005.

3 February 2004 | Judicial Body: Canada: Federal Court | Topic(s): Burden of proof - Credibility assessment - Death squads - Evidence (including age and language assessments / medico-legal reports) - Exclusion clauses - Freedom from torture, inhuman and degrading treatment - Grounds for persecution - Persecution based on political opinion - Prosecution vs persecution - Serious non-political crime - Social group persecution | Countries: Canada - China