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Case Law

Case Law includes national and international jurisprudential decisions. Administrative bodies and tribunals are included.
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Decision TA4-17681 (Persuasive Decision, In Private)

Date of hearing (in private): 14 December 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.

17 January 2006 | Judicial Body: Canada: Immigration and Refugee Board of Canada | Topic(s): Corruption - Effective protection - State protection | Countries: Canada - Mexico

X (Re), 2005 CanLII 78176 (CA IRB)

15 December 2005 | Judicial Body: Canada: Immigration and Refugee Board of Canada

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 | Topic(s): Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription - Social group persecution | Countries: Canada - United States of America

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 | Topic(s): Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription - Social group persecution | Countries: Canada - United States of America

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 | 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

Decision MA4-04467 (Persuasive Decision, In Private)

Date of hearing (in private): December 2004.

"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.

February 2005 | Judicial Body: Canada: Immigration and Refugee Board of Canada | Topic(s): Non-state agents of persecution - Persecution based on political opinion - State protection | Countries: Canada - Colombia

Steven Wynn Kubby, Michele Renee Kubby, Brooke Kona Kubby, Crystal Bay Kubby

17 November 2003 | Judicial Body: Canada: Immigration and Refugee Board of Canada | Topic(s): Persecution based on political opinion - Public health - Social group persecution - Well-founded fear of persecution | Countries: Canada - United States of America

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 | 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

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 | Topic(s): Effective protection - Social group persecution - State protection | Countries: Canada - Costa Rica

Decision TA2-15177

7 March 2003 | Judicial Body: Canada: Immigration and Refugee Board of Canada | Topic(s): Social group discrimination | Countries: Canada - Peru

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