On appeal from the Federal Court: 2007 FC 1262.
27 June 2008 | Judicial Body: Canada: Federal Court of Appeal | Document type: Case Law | Topic(s): Asylum-seekers - Burden of proof - Non-refoulement - Refoulement - Safe third country - Treaties / Agreements / Charters / Protocols / Conventions / Declarations | Countries: Canada - Colombia
Heard at Field House on 16 May 2008.
18 June 2008 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Document type: Case Law | Topic(s): Burden of proof - Deportation / Forcible return - Right to family life | Countries: Algeria - United Kingdom of Great Britain and Northern Ireland
Heard at Field House on 21-23 January 2008. The decisions in WC (No Risk of Double Punishment) China v. Secretary of State for the Home Department [2004] UKIAT 00253 and SC (Double Jeopardy - WC Considered) China v. Secretary of State for the Home Department CG [2006] UKAIT 00007 are no longer factually accurate, and SC should no longer be treated as country guidance. The Court of Appeal (England and Wales) dismissed a subsequent appeal: [2009] EWCA Civ 81. Guidance subsequently confirmed by the Upper Tribunal (Immigration and Asylum Chamber) in YF (double jeopardy - JC confirmed) China CG [2011] UKUT 32 (IAC).
14 May 2008 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Document type: Case Law | Topic(s): Burden of proof - Corruption - Country of origin information (COI) - Credibility assessment - Criminal justice - Deportation / Forcible return - Freedom from torture, inhuman and degrading treatment - Persecution based on political opinion - Prison or detention conditions - Prosecution vs persecution | Countries: China - United Kingdom of Great Britain and Northern Ireland
This judgment will become final in the circumstances set out in Article 44 § 2 of the ECHR. It may be subject to editorial revision.
8 April 2008 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Burden of proof - Country of origin information (COI) - Deportation / Forcible return - Exhaustion of domestic remedies - Freedom from torture, inhuman and degrading treatment - Persecution based on political opinion - Persecution of family members - Right to family life | Countries: Uganda - United Kingdom of Great Britain and Northern Ireland
On appeal from the Federal Court: 2007 FC 320.
12 March 2008 | Judicial Body: Canada: Federal Court of Appeal | Document type: Case Law | Topic(s): Burden of proof - Domestic violence - Evidence (including age and language assessments / medico-legal reports) - Standard of proof - State protection | Countries: Canada - Mexico
On appeal from the Federal Court: 2007 CF 320.
Heard at Manchester on 6 November 2007.
28 January 2008 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Document type: Case Law | Topic(s): Burden of proof - Credibility assessment - Evidence (including age and language assessments / medico-legal reports) - Pentecostal - Religious persecution (including forced conversion) - Safe third country - Standard of proof | Countries: Eritrea - United Kingdom of Great Britain and Northern Ireland
Application for judicial review of a decision of the RSAA: Refugee Appeal Nos. 74796 & 74797, 74796 & 74797 (19 April 2006). The judgment was subsequently appealed before the Court of Appeal: X v Refugee Status Appeals Authority [2009] NZCA 488 (20 October 2009).
17 December 2007 | Judicial Body: New Zealand: High Court | Document type: Case Law | Topic(s): Burden of proof - Credibility assessment - Crimes against humanity - Criminal justice - Exclusion clauses - Rule of law / Due process / Procedural fairness - Serious non-political crime - Standard of proof | Countries: New Zealand - Sri Lanka
On Petition for Review of an Order by the Board of Immigration Appeals.
27 November 2007 | Judicial Body: United States Court of Appeals for the First Circuit | Document type: Case Law | Topic(s): Armed groups / Militias / Paramilitary forces / Resistance movements - Burden of proof - Convention against Torture (CAT) - Credibility assessment - Deportation / Forcible return - Gio - Racial / Ethnic persecution | Countries: Liberia - United States of America
Petition for Review of an Order of the Board of Immigration Appeals.
2 November 2007 | Judicial Body: United States Court of Appeals for the Eighth Circuit | Document type: Case Law | Topic(s): Burden of proof - Convention against Torture (CAT) - Deportation / Forcible return - Freedom from torture, inhuman and degrading treatment - HIV and AIDS - Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Persecution on the basis of sexual orientation or gender identity - Social group persecution | Countries: Mexico - United States of America