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Case Law

Case Law includes national and international jurisprudential decisions. Administrative bodies and tribunals are included.
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Li v Holder, Attorney General

Petition for Review of an Order of the United States Department of Justice Board of Immigration Appeals. ;Agency No. A099-934-740. Petition Denied.

1 February 2011 | Judicial Body: United States Court of Appeals for the Third Circuit | Topic(s): Koreans - Political situation - Prosecution vs persecution | Countries: China - United States of America

Jiang v Holder, Attorney General

Petition for Review of a Final Order of the Board of Immigration Appeals. Agency No. A098 215 496. Petition Denied.

2 November 2010 | Judicial Body: United States Court of Appeals for the Fifth Circuit | Topic(s): Prosecution vs persecution | Countries: China - United States of America

ZC & Others (Risk - Illegal Exit - Loan Sharks) China v. Secretary of State for the Home Department

Heard at Field House on 27 February 2009. The guidance in LJ (Prison Conditions – No Risk) China [2005] UKIAT 00099 and HL (Risk - Return - Snakeheads) China CG [2002] UKIAT 03683 is still applicable.

20 July 2009 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Country of origin information (COI) - Prosecution vs persecution - Rejected asylum-seekers - Unlawful departure | Countries: China - United Kingdom of Great Britain and Northern Ireland

JC (China) v. Secretary of State for the Home Department

On appeal from the Asylum and Immigration Tribunal: JC (Double Jeopardy: Art 10 CL) China CG [2008] UKAIT 00036.

19 February 2009 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Topic(s): Criminal justice - Deportation / Forcible return - Evidence (including age and language assessments / medico-legal reports) - Freedom from torture, inhuman and degrading treatment - Prosecution vs persecution - Smuggling of persons | Countries: China - United Kingdom of Great Britain and Northern Ireland

R (on the application of C) v. Secretary of State for the Home Department

Application for judicial review.

23 September 2008 | Judicial Body: United Kingdom: High Court (England and Wales) | Topic(s): Complementary forms of protection - Criminal justice - EU Qualification Directive - Exclusion clauses - Prosecution vs persecution | Countries: China - United Kingdom of Great Britain and Northern Ireland

JC (Double Jeopardy: Art 10 CL) China v. Secretary of State for the Home Department

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 | 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

Lai Cheong Sing and Tsang Ming Na v. Canada (Minister of Citizenship and Immigration)

Application for judicial review.

5 April 2007 | Judicial Body: Canada: Federal Court | Topic(s): Diplomatic assurances - Exclusion clauses - Prosecution vs persecution - Right to justice - Serious non-political crime | Countries: Canada - China

Lai Cheong Sing and Tsang Ming Na c. Canada (Ministre de la citoyenneté et de l'immigration)

Application for judicial review.

5 April 2007 | Judicial Body: Canada: Federal Court | Topic(s): Diplomatic assurances - Exclusion clauses - Prosecution vs persecution - Right to justice - Serious non-political crime | Countries: Canada - China

Refugee Appeal No. 75973

9 March 2007 | Judicial Body: New Zealand: Refugee Status Appeals Authority | Topic(s): Arbitrary arrest and detention - Country of origin information (COI) - Credibility assessment - Family law - Freedom from torture, inhuman and degrading treatment - Persecution based on political opinion - Polygamy - Prison or detention conditions - Prosecution vs persecution - Right to employment - Right to family life - Unlawful departure | Countries: China - New Zealand

SC (Double Jeopardy - WC Considered) China v. Secretary of State for the Home Department

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

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