Case Law

Petition for review of decision of the Board of Immigration Appeals affirming an Immigration Judge's denial of asylum, withholding of removal, and protection against torture.

3 March 2006 | Judicial Body: United States Court of Appeals for the Second Circuit | Topic(s): Forced marriage - Freedom from torture, inhuman and degrading treatment - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Social group persecution - State protection | 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

14 January 2005 | Judicial Body: New Zealand: Refugee Status Appeals Authority | Topic(s): Arbitrary arrest and detention - Country of origin information (COI) - Freedom from torture, inhuman and degrading treatment - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Persecution based on political opinion | Countries: China - New Zealand

For the Federal Court's reasons, see: Xie c. Canada (Minister of Citizenship and Immigration ) (C.F.), 2003 CF 1023; [2004] 2 R.C.F. 372, dated 4 September 2003.

30 June 2004 | Judicial Body: Canada: Federal Court of Appeal | Topic(s): Deportation / Forcible return - Exclusion clauses - Freedom from torture, inhuman and degrading treatment - Serious non-political crime | Countries: Canada - China

For the Federal Court's reasons, see: Xie v. Canada (Minister of Citizenship and Immigration) (F.C.), 2003 FC 1023; [2004] 2 F.C.R. 372, dated 4 September 2003.

30 June 2004 | Judicial Body: Canada: Federal Court of Appeal | Topic(s): Deportation / Forcible return - Exclusion clauses - Freedom from torture, inhuman and degrading treatment - Serious non-political crime | 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

Petition for Review of an Order of the Board of Immigration Appeals. Non precedential opinion.

13 November 2003 | Judicial Body: United States Court of Appeals for the Third Circuit | Topic(s): Arbitrary arrest and detention - Convention against Torture (CAT) - Credibility assessment - Deportation / Forcible return - Freedom from torture, inhuman and degrading treatment - Lesbian, gay, bisexual, transgender and intersex (LGBTI) | Countries: China - United States of America

The decision was subsequently confirmed by the Federal Court of Appeal in: Xie v. Canada (Minister of Citizenship and Immigration) (F.C.A.), 2004 FCA 250; [2005] 1 F.C.R. 304, on 30 June 2004.

4 September 2003 | Judicial Body: Canada: Federal Court | Topic(s): Death penalty - Deportation / Forcible return - Exclusion clauses - Freedom from torture, inhuman and degrading treatment - Right to liberty and security - Right to life - Serious non-political crime | Countries: Canada - China

The decision was subsequently confirmed by the Federal Court of Appeal in: Xie c. Canada (Minister of Citizenship and Immigration ) (C.A.F.), 2004 CAF 250; [2005] 1 R.C.F. 304, on 30 June 2004.

4 September 2003 | Judicial Body: Canada: Federal Court | Topic(s): Death penalty - Deportation / Forcible return - Exclusion clauses - Freedom from torture, inhuman and degrading treatment - Right to liberty and security - Right to life - Serious non-political crime | Countries: Canada - China