Case Law

6 July 2010 | Judicial Body: Canada: Federal Court of Appeal | Topic(s): Armed forces / Military - Complementary forms of protection - Deportation / Forcible return - Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription - Persecution based on political opinion | Countries: Canada - United States of America

For the Federal Court's reasons see: Thamotharem v. Canada (Minister of Citizenship and Immigration) (F.C.), 2006 FC 16; [2006] 3 F.C.R. 168, dated 6 January 2006.

25 May 2007 | Judicial Body: Canada: Federal Court of Appeal | Topic(s): Criminal justice - Non-state agents of persecution - Persecution based on political opinion - Right to justice - Tamil | Countries: Canada - Sri Lanka

On appeal from the Federal Court: Hinzman v. Canada (Minister of Citizenship and Immigration) (F.C.), 2006 FC 420; [2007] 1 F.C.R. 561 and Hughey v. Canada (Minister of Citizenship and Immigration), 2006 FC 421.

30 April 2007 | Judicial Body: Canada: Federal Court of Appeal | Topic(s): Criminal justice - Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription - Persecution based on political opinion - Prosecution vs persecution - Social group persecution - State protection | Countries: Canada - United States of America

8 March 2007 | Judicial Body: Canada: Federal Court of Appeal | Topic(s): Abduction - Grounds for persecution - Persecution based on political opinion | Countries: Canada - Colombia

For the Federal Court's reasons see: Thamotharem c. Canada (Ministre de la Citoyenneté et de l'Immigration) (C.F.), 2006 CF 16; [2006] 3.R.C.F. 168, dated 6 January 2006.

1 January 2007 | Judicial Body: Canada: Federal Court of Appeal | Topic(s): Criminal justice - Non-state agents of persecution - Persecution based on political opinion - Right to justice - Tamil | Countries: Canada - Sri Lanka

9 December 2005 | Judicial Body: Canada: Federal Court of Appeal | Topic(s): Credibility assessment - Exhaustion of domestic remedies - Persecution based on political opinion - Racial / Ethnic persecution - Roma | Countries: Canada - Hungary

9 December 2005 | Judicial Body: Canada: Federal Court of Appeal | Topic(s): Credibility assessment - Exhaustion of domestic remedies - Persecution based on political opinion - Racial / Ethnic persecution - Roma | Countries: Canada - Hungary

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

1 March 2002 | Judicial Body: Canada: Federal Court of Appeal | Topic(s): Country of origin information (COI) - Credibility assessment - Evidence (including age and language assessments / medico-legal reports) - Manifestly unfounded / Clearly abusive claims - Persecution based on political opinion | Countries: Bangladesh - Canada