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Decision MA6-01580 (Private Proceeding)
Date of hearing: 10 November 2006. Date of decision: 12 January 2007.
12 January 2007
| Judicial Body: Canada: Immigration and Refugee Board of Canada
| Document type: Case Law
| Topic(s):
Country of origin information (COI)
- Lesbian, gay, bisexual, transgender and intersex (LGBTI)
- Non-state agents of persecution
- Persecution on the basis of sexual orientation or gender identity
- Social group persecution
| Countries:
Canada
- Mexico
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Décision MA6-01580 (Huis clos)
12 January 2007
| Judicial Body: Canada: Immigration and Refugee Board of Canada
| Document type: Case Law
| Topic(s):
Country of origin information (COI)
- Lesbian, gay, bisexual, transgender and intersex (LGBTI)
- Non-state agents of persecution
- Persecution on the basis of sexual orientation or gender identity
- Social group persecution
| Countries:
Canada
- Mexico
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Jeremy Hinzman (alias Jeremy Dean Hinzman), Nga Thi Nguyen, Liam Liem Nguyen Hinzman (alias Liam Liem Nguye Hinzman)
Date(s) of hearing: 6-8 December 2004.
For the reasons for judgment of the Federal Court, see: Hinzman c. Canada (Ministre de la Citoyenneté et de l'Immigration) (C.F.), 2006 CF 420; [2007] 1 R.C.F. 561, 31 March 2006.
Further appealed to the Federal Court of Appeal: Hinzman and Hughey v. Canada (Citizenship and Immigration), 2007 FCA 171, 30 April 2007.
16 March 2005
| Judicial Body: Canada: Immigration and Refugee Board of Canada
| Document type: Case Law
| Topic(s):
Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription
- Social group persecution
| Countries:
Canada
- United States of America
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Jeremy Hinzman (a.k.a. Jeremy Dean Hinzman), Nga Thi Nguyen, Liam Liem Nguyen Hinzman (a.k.a. Liam Liem Nguye Hinzman)
Date(s) of hearing: 6-8 December 2004.
For the reasons for judgment of the Federal Court see: Hinzman v. Canada (Minister of Citizenship and Immigration) (F.C.), 2006 FC 420; [2007] 1 F.C.R. 561, 31 March 2006.
Further appealed to the Federal Court of Appeal: Hinzman and Hughey v. Canada (Citizenship and Immigration), 2007 FCA 171, 30 April 2007.
16 March 2005
| Judicial Body: Canada: Immigration and Refugee Board of Canada
| Document type: Case Law
| Topic(s):
Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription
- Social group persecution
| Countries:
Canada
- United States of America
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Decision TA4-10802 & TA4-10803 (Persuasive Decision, In Private)
Date of hearing (in private): 4 February 2005.
"Persuasive Decisions" are decisions that have been identified as being of persuasive value in developing the jurisprudence of the Board. They are decisions that decision-makers are encouraged to rely upon in the interests of consistency and collegiality.
24 February 2005
| Judicial Body: Canada: Immigration and Refugee Board of Canada
| Document type: Case Law
| Topic(s):
Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA)
- Lesbian, gay, bisexual, transgender and intersex (LGBTI)
- Persecution on the basis of sexual orientation or gender identity
- Social group persecution
| Countries:
Canada
- Mexico
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Steven Wynn Kubby, Michele Renee Kubby, Brooke Kona Kubby, Crystal Bay Kubby
17 November 2003
| Judicial Body: Canada: Immigration and Refugee Board of Canada
| Document type: Case Law
| Topic(s):
Persecution based on political opinion
- Public health
- Social group persecution
- Well-founded fear of persecution
| Countries:
Canada
- United States of America
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Decision TA0-15870 (Revoked Jurisprudential Guide (2011), In Private)
Dates of hearing (in private): 12 November 2002 and 27 March 2003.
"Jurisprudential Guides" are decisions which articulate policy through the application of the law set out in a decision of the Board to the specific facts of another individual case before a decision-maker. The application of a Jurisprudential Guide is not mandatory. However, decision-makers are expected to apply Jurisprudential Guides in cases with similar facts or provide reasoned justifications for not doing so.
31 March 2003
| Judicial Body: Canada: Immigration and Refugee Board of Canada
| Document type: Case Law
| Topic(s):
Effective protection
- Lesbian, gay, bisexual, transgender and intersex (LGBTI)
- Persecution on the basis of sexual orientation or gender identity
- Social group persecution
- State protection
| Countries:
Canada
- Costa Rica
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Decision TA2-14980 (Revoked Jurisprudential Guide (2011), In Private)
Date of hearing (in private): 11 March 2003.
"Jurisprudential Guides" are decisions which articulate policy through the application of the law set out in a decision of the Board to the specific facts of another individual case before a decision-maker. The application of a Jurisprudential Guide is not mandatory. However, decision-makers are expected to apply Jurisprudential Guides in cases with similar facts or provide reasoned justifications for not doing so.
20 March 2003
| Judicial Body: Canada: Immigration and Refugee Board of Canada
| Document type: Case Law
| Topic(s):
Effective protection
- Social group persecution
- State protection
| Countries:
Canada
- Costa Rica
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Decision MA1-10302 (Persuasive Decision, In Private)
Date of hearing (in private): 5 August 2002.
"Persuasive Decisions" are decisions that have been identified as being of persuasive value in developing the jurisprudence of the Board. They are decisions that decision-makers are encouraged to rely upon in the interests of consistency and collegiality.
27 August 2002
| Judicial Body: Canada: Immigration and Refugee Board of Canada
| Document type: Case Law
| Topic(s):
Non-state agents of persecution
- Social group persecution
| Countries:
Canada
- Costa Rica
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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
| Document type: Case Law
| 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
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