Case Law

Motion for stay pursuant to Federal Courts Rules, SOR/98-106, r. 398(1)(b) of Federal Court judgment (2007 FC 1262) invalidating Agreement between the Government of Canada and the Government of the United States of America for Cooperation in the Examination of Refugee Status Claims from Nationals of Third Countries, Washington, 5 December 2002, [2004] Can. T.S. No. 2 (entered into force 29 December 2004) pending determination of appeal. The Federal Court’s decision can be accessed here.

31 January 2008 | Judicial Body: Canada: Federal Court of Appeal | Topic(s): Non-refoulement - Safe third country - Single procedure - Treaties / Agreements / Charters / Protocols / Conventions / Declarations | Countries:

6 December 2007 | Judicial Body: Canada: Federal Court of Appeal | Topic(s): Changes of circumstances in home country - Deportation / Forcible return - Non-state agents of persecution - Religious persecution (including forced conversion) - Shia - State protection | Countries: Canada - Pakistan

25 May 2007 | Judicial Body: Canada: Federal Court of Appeal | Topic(s): Credibility assessment - Criminal justice - Independence of judiciary - Legal representation / Legal aid - Right to justice | Countries: Canada - Egypt

25 May 2007 | Judicial Body: Canada: Federal Court of Appeal | Topic(s): Credibility assessment - Criminal justice - Independence of judiciary - Legal representation / Legal aid - Right to justice | Countries: Canada - Egypt

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

8 February 2007 | Judicial Body: Canada: Federal Court of Appeal | Topic(s): Appeal / Right to appeal - Criminal justice - Deportation / Forcible return - Drug trafficking - Evidence (including age and language assessments / medico-legal reports) - Rule of law / Due process / Procedural fairness | Countries: Canada - Iran, Islamic Republic of

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

1 January 2007 | Judicial Body: Canada: Federal Court of Appeal | Topic(s): Appeal / Right to appeal - Criminal justice - Deportation / Forcible return - Drug trafficking - Evidence (including age and language assessments / medico-legal reports) - Rule of law / Due process / Procedural fairness | Countries: Canada - Iran, Islamic Republic of