Case Law

Human Rights Committee, Ninety-seventh session, 12 to 30 October 2009. Adopted in English, French and Spanish, the English text being the original version.

23 November 2009 | Judicial Body: UN Human Rights Committee (HRC) | Topic(s): Arbitrary arrest and detention - Death penalty - Deportation / Forcible return - Non-refoulement - Right to liberty and security - Right to life | Countries: Australia - China

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

Heard on 24 February 2004. This decision is no longer factually accurate on the issue of double jeopardy: JC (Double Jeopardy: Art 10 CL) China v. Secretary of State for the Home Department CG [2008] UKAIT 00036.

15 September 2004 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Country of origin information (COI) - Criminal justice - Death penalty - Deportation / Forcible return - Persecution based on political opinion - Prosecution vs persecution - Unlawful departure | Countries: China - United Kingdom of Great Britain and Northern Ireland

The decision was subsequently confirmed by the Federal Court of Appeal in: Xie v. Canada (Minister of Citizenship and Immigration) (F.C.A.), 2004 FCA 250; [2005] 1 F.C.R. 304, on 30 June 2004.

4 September 2003 | Judicial Body: Canada: Federal Court | Topic(s): Death penalty - Deportation / Forcible return - Exclusion clauses - Freedom from torture, inhuman and degrading treatment - Right to liberty and security - Right to life - Serious non-political crime | Countries: Canada - China

The decision was subsequently confirmed by the Federal Court of Appeal in: Xie c. Canada (Minister of Citizenship and Immigration ) (C.A.F.), 2004 CAF 250; [2005] 1 R.C.F. 304, on 30 June 2004.

4 September 2003 | Judicial Body: Canada: Federal Court | Topic(s): Death penalty - Deportation / Forcible return - Exclusion clauses - Freedom from torture, inhuman and degrading treatment - Right to liberty and security - Right to life - Serious non-political crime | Countries: Canada - China

See also: Lai Cheong Sing and Others v. Minister of Citizenship and Immigration, [2004] FC 179 (3 February 2004), and: Lai Cheong Sing and Others v. Minister of Citizenship and Immigration, [2005] FCA 125 (11 April 2005). Application for leave to appeal to the Supreme Court of Canada dismissed on 9 May 2005.

6 May 2002 | Judicial Body: Canada: Immigration and Refugee Board of Canada | Topic(s): Credibility assessment - Criminal justice - Death penalty - Exclusion clauses - Freedom from torture, inhuman and degrading treatment - Grounds for persecution - Non-state agents of persecution - Persecution based on political opinion - Prosecution vs persecution - Right to justice - Serious non-political crime - Social group persecution | Countries: Canada - China