Case Law

Motion to introduce new evidence. For the Federal Court's reasons for judgment see: Chen v. Canada (Minister of Citizenship and Immigration), 2006 FC 910, 25 July 2006.

19 December 2006 | Judicial Body: Canada: Federal Court of Appeal | Topic(s): Evidence (including age and language assessments / medico-legal reports) - Immigration Detention - Legal representation / Legal aid - Rejected asylum-seekers | Countries: Canada - China

8 December 2006 | Judicial Body: United Kingdom: Court of Session (Scotland) | Topic(s): Country of origin information (COI) - Evidence (including age and language assessments / medico-legal reports) - Persecution based on political opinion | Countries: China - United Kingdom of Great Britain and Northern Ireland

6 December 2006 | Judicial Body: Australia: Federal Court | Topic(s): Arbitrary arrest and detention - Christian - Evidence (including age and language assessments / medico-legal reports) - Religious persecution (including forced conversion) | Countries: Australia - 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

Petition for Review of an Order of the Board of Immigration Appeals. [UNPUBLISHED] Submitted: May 5, 2006; Filed: May 12, 2006.

12 May 2006 | Judicial Body: United States Court of Appeals for the Eighth Circuit | Topic(s): Appeal / Right to appeal - Criminal justice - Evidence (including age and language assessments / medico-legal reports) | Countries: China - United States of America

This decision is no longer country guidance on the issue of double jeopardy and was replaced by JC (Double Jeopardy: Art 10 CL) China v. Secretary of State for the Home Department CG [2008] UKAIT 00036.

23 January 2006 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Criminal justice - Evidence (including age and language assessments / medico-legal reports) - Freedom from torture, inhuman and degrading treatment - Prosecution vs persecution | Countries: China - United Kingdom of Great Britain and Northern Ireland

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

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

8 June 2000 | Judicial Body: New Zealand: Refugee Status Appeals Authority | Topic(s): Buddhist - Country of origin information (COI) - Credibility assessment - Evidence (including age and language assessments / medico-legal reports) - Persecution based on political opinion - Religious persecution (including forced conversion) | Countries: China - New Zealand