Read the full judgment text of CACV 78/2018 on BabelCite. This Court of Appeal judgment was delivered on 2 August 2018 before Hon Chu JA and Barma JA.
Administrative and immigration law – non-refoulement claim – judicial review – leave to apply for judicial review – appeal from refusal of leave – Bill of Rights article 2 (BOR 2) risk of violation of the right to life – Indian national fearing harm from rival political party (Shiromani Akali Dal) – application of Islamic Raja Rais v Director of Immigration, Said Umair v Torture Claims Appeal Board, and Re Saqlain Muhammad – whether applicant had a duty to inform the Immigration Department of change of address and to ensure timely receipt of correspondence – held, yes, the consequence of delay occasioned by ineffectiveness of the address falls on the litigant/claimant – whether an asylum seeker has an absolute right to free legal representation at all stages of the non-refoulement proceedings – held, no – whether proceedings were procedurally unfair, including alleged lack of language assistance, lack of reasons, and lack of fair hearing – held, no, no procedural unfairness or failure to adhere to a high standard of fairness – whether director's BOR 2 determination was flawed – held, no, the director was entitled to proceed on the basis that the BOR 2 risk was based on the same primary materials as the other claims – adjudicator's dismissal of petition for late filing upheld – deputy judge had adequately dealt with the grounds – no error of law or procedure – no reasonable prospect of success in the intended application – appeal dismissed.
Legal issues: Obligation to notify Immigration Department of change of address · Entitlement to free legal representation under the Duty Lawyer Scheme · Procedural unfairness in the non-refoulement process
Outcome: Appeal dismissed; refusal of leave to apply for judicial review upheld.
Cited by 118 cases · Cites 4 cases