Read the full judgment text of CACV 245/2017 on BabelCite. This Court of Appeal judgment was delivered on 12 February 2018 before Lam VP, Cheung JA, Au J.
Immigration – non-refoulement – judicial review – leave to apply – enhanced Wednesbury test – Torture Claims Appeal Board – Mali – counter-coup – personal risk – country of origin information – appeal dismissed – The applicant, a Malian national, overstayed in Hong Kong and claimed non-refoulement based on fear of harm due to his participation in a counter-coup. The Director of Immigration and the Torture Claims Appeal Board rejected the claim, finding no personal risk. The applicant sought leave to apply for judicial review, which was refused by the Deputy High Court Judge. On appeal, the Court of Appeal held that the Board's decision was well-informed and rational, and there was no reasonably arguable basis to challenge it. The court applied the enhanced Wednesbury standard but declined to usurp the Board's role. The appeal was dismissed.
Legal issues: Leave to apply for judicial review of Torture Claims Appeal Board decision
Outcome: Appeal dismissed; leave to apply for judicial review refused.
Cited by 3 cases