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Case Law

Case Law includes national and international jurisprudential decisions. Administrative bodies and tribunals are included.
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Tchitchui v. Holder, Attorney General

Petition for review denied as “firm resettlement” in a third country prior to arrival in the United States bars an alien from obtaining asylum.

19 September 2011 | Judicial Body: United States Court of Appeals for the Second Circuit | Countries: Cameroon - Chile - Guatemala - United States of America

Matter of A-G-G-

12 May 2011 | Judicial Body: United States Board of Immigration Appeals | Topic(s): Evidence (including age and language assessments / medico-legal reports) - Resettlement - Safe third country | Countries: Mauritania

Truong v. Holder, Attorney General

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

27 July 2010 | Judicial Body: United States Court of Appeals for the Ninth Circuit | Topic(s): Armed forces / Military - Effective protection - Non-state agents of persecution - Safe third country - State protection - Well-founded fear of persecution | Countries: Viet Nam

Rahimzadeh v. Holder, Attorney General

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

26 July 2010 | Judicial Body: United States Court of Appeals for the Ninth Circuit | Topic(s): Abduction - Christian - Effective protection - Freedom from torture, inhuman and degrading treatment - Muslim - Persecution based on political opinion - Religious persecution (including forced conversion) - Safe third country - State protection | Countries: Iran, Islamic Republic of

Parshottam c. Ministre de la citoyenneté et de l'immigration

14 November 2008 | Judicial Body: Canada: Federal Court of Appeal | Topic(s): Deportation / Forcible return - Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Persecution on the basis of sexual orientation or gender identity - Safe third country | Countries: Canada - Uganda

Parshottam v. Minister of Citizenship and Immigration

14 November 2008 | Judicial Body: Canada: Federal Court of Appeal | Topic(s): Deportation / Forcible return - Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Persecution on the basis of sexual orientation or gender identity - Safe third country | Countries: Canada - Uganda

Wangden v. Minister of Citizenship and Immigration and Minister of Public Safety and Preparedness

Application for judicial review.

5 November 2008 | Judicial Body: Canada: Federal Court | Topic(s): Convention refugee - Refugee status determination (RSD) / Asylum procedures - Refugees - Safe third country - Statelessness - Statelessness - Tibetan | Countries: Canada - China - United States of America

Canadian Council for Refugees v. Canada

Motion for stay pursuant to Federal Courts Rules, SOR/98-106, r. 398(1)(b) of Federal Court judgment (2007 FC 1262) invalidating Agreement between the Government of Canada and the Government of the United States of America for Cooperation in the Examination of Refugee Status Claims from Nationals of Third Countries, Washington, 5 December 2002, [2004] Can. T.S. No. 2 (entered into force 29 December 2004) pending determination of appeal. The Federal Court’s decision can be accessed here.

31 January 2008 | Judicial Body: Canada: Federal Court of Appeal | Topic(s): Non-refoulement - Safe third country - Single procedure - Treaties / Agreements / Charters / Protocols / Conventions / Declarations | Countries:

Conseil canadien pour les réfugiés c. Canada

Motion for stay pursuant to Federal Courts Rules, SOR/98-106, r. 398(1)(b) of Federal Court judgment (2007 FC 1262) invalidating Agreement between the Government of Canada and the Government of the United States of America for Cooperation in the Examination of Refugee Status Claims from Nationals of Third Countries, Washington, 5 December 2002, [2004] Can. T.S. No. 2 (entered into force 29 December 2004) pending determination of appeal. The Federal Court’s decision can be accessed here.

31 January 2008 | Judicial Body: Canada: Federal Court of Appeal | Topic(s): Non-refoulement - Safe third country - Single procedure - Treaties / Agreements / Charters / Protocols / Conventions / Declarations | Countries:

In re K-R-Y- and K-C-S-

4 April 2007 | Judicial Body: United States Board of Immigration Appeals | Topic(s): Constitutional law - Multiple nationality - Safe third country | Countries: United States of America

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