Read the full judgment text of CACV 274/2017 on BabelCite. This Court of Appeal judgment was delivered on 27 March 2018 before Hon Lam VP, Kwan and McWalters JJA.
Administrative law – judicial review – leave to apply for judicial review – non-refoulement claim – Torture Claims Appeal Board – procedural fairness – fresh evidence on appeal – Form 86 – grounds of appeal – Pakistani national alleged to be former Taliban member who quit before a mission and received death threat – claim rejected by Director on BOR 2, BOR 3, persecution and torture grounds – Board dismissed appeal after oral hearing – whether leave to apply for judicial review should be granted – whether fresh evidence (news articles) should be admitted on appeal – whether oral hearing before Board was procedurally fair – whether Board took irrelevant considerations into account – rule in Ladd v Marshall applied as confirmed in Hounkpedji Messanh v Torture Claims Appeal Board [2018] HKCA 152 – applicant appeared in person and lodged no skeleton argument – Form 86 set out no grounds – court could not discern any error of law, procedural unfairness, or irrelevant consideration – appeal dismissed.
Legal issues: Admissibility of fresh evidence on appeal from refusal of leave to apply for judicial review · Procedural fairness of Board hearing · Whether the Board took irrelevant considerations into account · Whether leave to apply for judicial review should be granted
Outcome: Appeal dismissed; the Court of Appeal agreed with the judge below that leave to apply for judicial review should not be granted and that there was no prospect of success in the intended application.
Cited by 34 cases · Cites 1 case