Case Law

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

19 October 2006 | Judicial Body: Canada: Federal Court of Appeal | Topic(s): Cessation clauses - Deportation / Forcible return - Prosecution vs persecution | Countries: Canada - Sri Lanka

19 October 2006 | Judicial Body: Canada: Federal Court of Appeal | Topic(s): Convention refugee - Deportation / Forcible return - Prosecution vs persecution | Countries: Canada - Sri Lanka

On appeal from the Federal Court Ates c. Canada (Ministre de la Citoyenneté et de l'Immigration), 2004 CF 1316.

5 October 2005 | Judicial Body: Canada: Federal Court of Appeal | Topic(s): Criminal justice - Grounds for persecution - Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription - Prosecution vs persecution | Countries: Canada - Turkey

On appeal from the Federal Court Ates v. Canada (Minister of Citizenship and Immigration), 2004 FC 1316.

5 October 2005 | Judicial Body: Canada: Federal Court of Appeal | Topic(s): Criminal justice - Grounds for persecution - Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription - Prosecution vs persecution | Countries: Canada - Turkey

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