Read the full judgment text of CACV 92/2018 on BabelCite. This Court of Appeal judgment was delivered on 18 July 2018 before Lam VP, Cheung JA, Kwan JA.
Administrative law – judicial review – non-refoulement claim – torture claim – Sri Lankan national – Navy deserter – appeal from refusal of leave to apply for judicial review – abandonment of right to oral hearing by non-compliance with unless order for skeleton submissions – Re Manjit Kaur applied – whether Board failed to consider risk of mistreatment by Sri Lanka Navy upon return – whether Board failed to consider murder of applicant's former employer – whether Board failed to consider protection afforded by late former employer – whether Board acted unfairly in dispensing with oral appeal hearing – Hong Kong Bill of Rights Ordinance (Cap 383) s.8 article 3 – Immigration Ordinance (Cap 115) part VIIC – 1951 Convention relating to the Status of Refugees article 33 – whether judicial review should be granted – Re Lakhwinder Singh applied – Re Daljit Singh applied – evaluation of risk of harm is matter for Director and Board – judicial review not an avenue for revisiting assessment absent legal error – Court of Appeal found Board's decision adequately addressed all grounds – no merit in any complaint – appeal dismissed.
Legal issues: Adequacy of consideration of risk of mistreatment by Sri Lanka Navy upon return · Consideration of murder of applicant's former employer · Consideration of protection afforded by former employer · Procedural fairness in dispensing with oral hearing · Grant of leave to apply for judicial review
Outcome: Appeal dismissed; leave to apply for judicial review refused.
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