Last Updated: Friday, 30 June 2017, 16:00 GMT

Canada: Federal Court of Appeal

Since July 2003, the Federal Court of Appeal is the successor of the appeal division of the Federal Court of Canada. It has a dual judicial review and appellate jurisdiction, i.e. jurisdiction to hear and determine judicial review applications from the federal boards, commissions and tribunals; and jurisdiction to hear and determine appeals from any final judgment, judgment on a question of law determined before trial, or interlocutory judgment of the Federal Court or the Tax Court of Canada. Website: www.fca-caf.gc.ca/
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Hinzman and Hughey v. Canada (Citizenship and Immigration)

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 | Document type: Case Law | 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

Balathavarajan c. Canada (Ministre de la Citoyenneté et de l'Immigration)

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

Balathavarajan v. Canada (Minister of Citizenship and Immigration)

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

Ates c. Canada (Ministre de la Citoyenneté et de l'Immigration)

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 | Document type: Case Law | Topic(s): Criminal justice - Grounds for persecution - Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription - Prosecution vs persecution | Countries: Canada - Turkey

Ates v. Canada (Minister of Citizenship and Immigration)

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 | Document type: Case Law | Topic(s): Criminal justice - Grounds for persecution - Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription - Prosecution vs persecution | Countries: Canada - Turkey

Lai Cheong Sing, Tsang Ming Na, Lai Chun Chun, Lai Chun Wai and Lai Ming Ming v. Minister of Citizenship and Immigration

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 | Document type: Case Law | 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

Zolfagharkhani c. Canada (Ministre de l'Emploi et de l'Immigration)

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15 June 1993 | Judicial Body: Canada: Federal Court of Appeal | Document type: Case Law | Topic(s): Armed forces / Military - International armed conflict - International humanitarian law (IHL) / Geneva Conventions - Kurd - Military law - Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription - Persecution based on political opinion - Prosecution vs persecution | Countries: Canada - Iran, Islamic Republic of

Zolfagharkhani v. Canada (Minister of Employment and Immigration)

15 June 1993 | Judicial Body: Canada: Federal Court of Appeal | Document type: Case Law | Topic(s): Armed forces / Military - International armed conflict - International humanitarian law (IHL) / Geneva Conventions - Kurd - Military law - Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription - Persecution based on political opinion - Prosecution vs persecution | Countries: Canada - Iran, Islamic Republic of

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