Case Law

Appealed to the Federal Court of Appeal: Hinzman and Hughey v. Canada (Citizenship and Immigration), 2007 FCA 171, 30 April 2007.

31 March 2006 | Judicial Body: Canada: Federal Court | Topic(s): Burden of proof - Country of origin information (COI) - Evidence (including age and language assessments / medico-legal reports) - International humanitarian law (IHL) / Geneva Conventions - Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription - Persecution based on political opinion - Prosecution vs persecution - State protection | Countries: Canada - United States of America

20 March 2006 | Judicial Body: Canada: Federal Court | Topic(s): Burden of proof - Country of origin information (COI) - Effective protection - Evidence (including age and language assessments / medico-legal reports) - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Non-state agents of persecution - Persecution based on political opinion | Countries: Canada - Mexico

20 March 2006 | Judicial Body: Canada: Federal Court | Topic(s): Burden of proof - Country of origin information (COI) - Effective protection - Evidence (including age and language assessments / medico-legal reports) - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Non-state agents of persecution - Persecution based on political opinion | Countries: Canada - Mexico

On appeal from the Crown Court at Isleworth (T20050167).

23 February 2006 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Topic(s): Burden of proof - Criminal justice - False documents - Illegal entry - Passports | Countries: Congo, Democratic Republic of the - United Kingdom of Great Britain and Northern Ireland

11 November 2005 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Topic(s): Asylum-seekers - Burden of proof - Illegal entry - Passports - Prosecution vs persecution | Countries: United Kingdom of Great Britain and Northern Ireland

23 May 2005 | Judicial Body: International Criminal Tribunal for Rwanda (ICTR) | Topic(s): Burden of proof - Crimes against humanity - Criminal justice - Evidence (including age and language assessments / medico-legal reports) - Genocide - Standard of proof - Witnesses | Countries: Rwanda

Original: anglais. Traduction officielle.

23 May 2005 | Judicial Body: International Criminal Tribunal for Rwanda (ICTR) | Topic(s): Burden of proof - Crimes against humanity - Criminal justice - Evidence (including age and language assessments / medico-legal reports) - Genocide - Standard of proof - Tutsis - Witnesses | Countries: Rwanda

Application for leave to appeal to the Supreme Court of Canada dismissed on 9 May 2005.

11 April 2005 | Judicial Body: Canada: Federal Court of Appeal | Topic(s): Burden of proof - Credibility assessment - Criminal justice - Death penalty - Evidence (including age and language assessments / medico-legal reports) - Exclusion clauses - Freedom from torture, inhuman and degrading treatment - Persecution based on political opinion - Prosecution vs persecution - Serious non-political crime - Social group persecution | Countries: Canada - China

On Petition for Review of an Order of the Board of Immigration Appeals

8 March 2005 | Judicial Body: United States Court of Appeals for the Ninth Circuit | Topic(s): Burden of proof - Deportation / Forcible return - Sexual and reproductive rights - Well-founded fear of persecution | Countries: China - United States of America

8 February 2005 | Judicial Body: Canada: Federal Court of Appeal | Topic(s): Appeal / Right to appeal - Burden of proof - Convention refugee - Deportation / Forcible return - Freedom from torture, inhuman and degrading treatment - Immigration Detention - Terrorism | Countries: Canada - Syrian Arab Republic