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Case Law

Case Law includes national and international jurisprudential decisions. Administrative bodies and tribunals are included.
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Kubby c. Canada (Ministre de la Citoyenneté et de l'Immigration)

15 July 2005 | Judicial Body: Canada: Federal Court | Topic(s): Persecution based on political opinion - Prison or detention conditions - Prosecution vs persecution - Public health | Countries: Canada - United States of America

Lai Cheong Sing, Tsang Ming Na, Lai Chun Chun, Lai Chun Wai and Lai Ming Ming v. Minister of Citizenship and Immigration

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

Lai Cheong Sing, Tsang Ming Na, Lai Chun Chun, Lai Chun Wai, Lai Ming Ming v. Minister of Citizenship and Immigration

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

Ghasemian v. Canada (Minister of Citizenship and Immigration)

Application for judicial review.

30 October 2003 | Judicial Body: Canada: Federal Court | Topic(s): Christian - Deportation / Forcible return - Domestic violence - Freedom from torture, inhuman and degrading treatment - Non-state agents of persecution - Prosecution vs persecution - Refugees sur place - Religious persecution (including forced conversion) - Social group persecution - Sur place persecution | Countries: Canada - Iran, Islamic Republic of

Ghasemian c. Canada (Ministre de la citoyenneté et de l'immigration)

Application for judicial review.

30 October 2003 | Judicial Body: Canada: Federal Court | Topic(s): Christian - Deportation / Forcible return - Domestic violence - Freedom from torture, inhuman and degrading treatment - Non-state agents of persecution - Prosecution vs persecution - Religious persecution (including forced conversion) - Social group persecution - Sur place persecution | Countries: Canada - Iran, Islamic Republic of

Decision V99-02950

7 January 2003 | Judicial Body: Canada: Immigration and Refugee Board of Canada | Topic(s): Children-at-risk - Deportation / Forcible return - Freedom from torture, inhuman and degrading treatment - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Prosecution vs persecution - State protection - Unaccompanied / Separated children - Unlawful departure | Countries: Canada - China

Décision V99-02950

7 January 2003 | Judicial Body: Canada: Immigration and Refugee Board of Canada | Topic(s): Children-at-risk - Deportation / Forcible return - Freedom from torture, inhuman and degrading treatment - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Prosecution vs persecution - State protection - Unaccompanied / Separated children - Unlawful departure | Countries: Canada - China

Lai Cheong Sing, Tsang Ming Na, Lai Chun Chun, Lai Ming Ming, Lai Chun Wai

See also: Lai Cheong Sing and Others v. Minister of Citizenship and Immigration, [2004] FC 179 (3 February 2004), and: 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.

6 May 2002 | Judicial Body: Canada: Immigration and Refugee Board of Canada | Topic(s): Credibility assessment - Criminal justice - Death penalty - Exclusion clauses - Freedom from torture, inhuman and degrading treatment - Grounds for persecution - Non-state agents of persecution - Persecution based on political opinion - Prosecution vs persecution - Right to justice - Serious non-political crime - Social group persecution | Countries: Canada - China

Zolfagharkhani c. Canada (Ministre de l'Emploi et de l'Immigration)

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15 June 1993 | Judicial Body: Canada: Federal Court of Appeal | Topic(s): Armed forces / Military - International armed conflict - International humanitarian law (IHL) / Geneva Conventions - Kurd - Military law - Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription - Persecution based on political opinion - Prosecution vs persecution | Countries: Canada - Iran, Islamic Republic of

Zolfagharkhani v. Canada (Minister of Employment and Immigration)

15 June 1993 | Judicial Body: Canada: Federal Court of Appeal | Topic(s): Armed forces / Military - International armed conflict - International humanitarian law (IHL) / Geneva Conventions - Kurd - Military law - Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription - Persecution based on political opinion - Prosecution vs persecution | Countries: Canada - Iran, Islamic Republic of

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