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Case Law

Case Law includes national and international jurisprudential decisions. Administrative bodies and tribunals are included.
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Lai Cheong Sing, Tsang Ming Na, Lai Chun Chun, Lai Chun Wai, Lai Ming Ming v. Minister of Citizenship and Immigration

See also: 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.

3 February 2004 | Judicial Body: Canada: Federal Court | Topic(s): Burden of proof - Credibility assessment - Death squads - Evidence (including age and language assessments / medico-legal reports) - Exclusion clauses - Freedom from torture, inhuman and degrading treatment - Grounds for persecution - Persecution based on political opinion - Prosecution vs persecution - Serious non-political crime - Social group persecution | Countries: Canada - China

Xie v. Canada (Minister of Citizenship and Immigration) (F.C.)

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

Xie c. Canada (Ministre de la Citoyenneté et de l'Immigration) (C.F.)

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

Refugee Appeal No. 74540

1 August 2003 | Judicial Body: New Zealand: Refugee Status Appeals Authority | Topic(s): Country of origin information (COI) - Crimes against humanity - Death penalty - Exclusion clauses - Persecution based on political opinion - Political groups - Political parties - Prosecution vs persecution - Serious non-political crime - Terrorism | Countries: Algeria - New Zealand

Zrig c. Canada (Ministre de la Citoyenneté et de l'Immigration) (C.A.)

For the Federal Court's reasons, see: Zrig v. Canada (Minister of Citizenship and Immigration), [2002] 1 F.C. 559; [2001] F.C.J. No. 1433; 2001 FCT 1043, dated 24 September 2001.

7 April 2003 | Judicial Body: Canada: Federal Court of Appeal | Topic(s): Acts contrary to the purposes and principles of the United Nations - Criminal justice - Exclusion clauses - Independence of judiciary - Serious non-political crime - Terrorism | Countries: Canada - Tunisia

Zrig v. Canada (Minister of Citizenship and Immigration) (C.A.)

For the Federal Court's reasons, see: Zrig v. Canada (Minister of Citizenship and Immigration), [2002] 1 F.C. 559; [2001] F.C.J. No. 1433; 2001 FCT 1043, dated 24 September 2001.

7 April 2003 | Judicial Body: Canada: Federal Court of Appeal | Topic(s): Acts contrary to the purposes and principles of the United Nations - Criminal justice - Exclusion clauses - Independence of judiciary - Serious non-political crime - Terrorism | Countries: Canada - Tunisia

CRR, SR, 9 janvier 2003, no. 362645, M. A.

9 January 2003 | Judicial Body: France: Commission des Recours des Réfugiés (CRR) | Topic(s): Exclusion clauses - Kurd - Serious non-political crime - Terrorism | Countries: France - Turkey

Lai Cheong Sing, Tsang Ming Na, Lai Chun Chun, Lai Ming Ming, Lai Chun Wai

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

CE, Section, 25 septembre 1998, n° 165525

Publié au recueil Lebon.

25 September 1998 | Judicial Body: France: Conseil d'Etat | Topic(s): Asylum-seekers - Exclusion clauses - Expulsion - Non-refoulement - Serious non-political crime | Countries: France

Pushpanathan v. Canada (Minister of Citizenship and Immigration)

This amends the reasons for judgment and order in Pushpanathan v. Canada (Minister of Citizenship and Immigration), [1998] 1 S.C.R. 982.

17 September 1998 | Judicial Body: Canada: Supreme Court | Topic(s): Drug trafficking - Exclusion clauses - Refoulement - Serious non-political crime | Countries: Canada - Sri Lanka

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