Read the full judgment text of CACV 195/2017 on BabelCite. This Court of Appeal judgment was delivered on 11 January 2018 before Cheung CJHC and Lam VP.
Civil appeal – judicial review – non-refoulement claim – refusal of leave to apply for judicial review – Torture Claims Appeal Board – foreign domestic helper from Indonesia – overstaying after termination of employment – nikah siri (unregistered) marriage and child in Hong Kong – claims based on threats from former husband, family members and religious group in Indonesia – BOR 2 and BOR 3, persecution and torture risk – whether inconsistency in the judge's observations on the Form 86 and supporting affirmation – judge entitled to call for documents from putative respondent to facilitate filtering role – Re Leung Kwok Hung HCAL 83/2012 and MST v Duty Lawyer Service CACV 179/2013 – whether lack of legal representation and interpretation services violated the high standard of fairness in Sakthevel Prabakar v Secretary for Security (2004) 7 HKCFAR 187 and FB v Director of Immigration HCAL 51/2007 – no absolute right to free legal representation at all stages – Duty Lawyer Service available for Board appeal subject to merit test – applicant had representation before the Director – interpretation services available on request – whether leave should be granted – leave application is a filtering process – applicant must produce material to satisfy threshold of legality, rationality or procedural unfairness – appeal dismissed – leave to apply for judicial review refused
Legal issues: Inconsistency in the judge's observations on the Form 86 and supporting affirmation · Lack of legal representation and interpretation services · Whether leave to apply for judicial review should be granted
Outcome: Appeal dismissed; leave to apply for judicial review refused.
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