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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 and Tsang Ming Na v. Canada (Minister of Citizenship and Immigration)

Application for judicial review.

5 April 2007 | Judicial Body: Canada: Federal Court | Topic(s): Diplomatic assurances - Exclusion clauses - Prosecution vs persecution - Right to justice - Serious non-political crime | Countries: Canada - China

Lai Cheong Sing and Tsang Ming Na c. Canada (Ministre de la citoyenneté et de l'immigration)

Application for judicial review.

5 April 2007 | Judicial Body: Canada: Federal Court | Topic(s): Diplomatic assurances - Exclusion clauses - Prosecution vs persecution - Right to justice - Serious non-political crime | Countries: Canada - China

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 | 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

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

For the Federal Court's reasons, see: Xie c. Canada (Minister of Citizenship and Immigration ) (C.F.), 2003 CF 1023; [2004] 2 R.C.F. 372, dated 4 September 2003.

30 June 2004 | Judicial Body: Canada: Federal Court of Appeal | Topic(s): Deportation / Forcible return - Exclusion clauses - Freedom from torture, inhuman and degrading treatment - Serious non-political crime | Countries: Canada - China

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

For the Federal Court's reasons, see: Xie v. Canada (Minister of Citizenship and Immigration) (F.C.), 2003 FC 1023; [2004] 2 F.C.R. 372, dated 4 September 2003.

30 June 2004 | Judicial Body: Canada: Federal Court of Appeal | Topic(s): Deportation / Forcible return - Exclusion clauses - Freedom from torture, inhuman and degrading treatment - Serious non-political crime | Countries: Canada - China

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

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

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