Case Law

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

Heard on 24 February 2004. This decision is no longer factually accurate on the issue of double jeopardy: JC (Double Jeopardy: Art 10 CL) China v. Secretary of State for the Home Department CG [2008] UKAIT 00036.

15 September 2004 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Country of origin information (COI) - Criminal justice - Death penalty - Deportation / Forcible return - Persecution based on political opinion - Prosecution vs persecution - Unlawful departure | Countries: China - United Kingdom of Great Britain and Northern Ireland

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

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

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

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

10 November 2000 | Judicial Body: Australia: Federal Court | Topic(s): Christian - Prosecution vs persecution - Religious persecution (including forced conversion) | Countries: Australia - China