Read the full judgment text of CACV 139/2018 on BabelCite. This Court of Appeal judgment was delivered on 2 August 2018 before Lam VP, Kwan JA, Chu JA.
Immigration – non-refoulement – judicial review – leave to apply – appeal – prospects of success – procedural fairness – hearing bundle – country of origin information – The applicant, a Bangladeshi national, entered Hong Kong illegally and claimed non-refoulement based on political threats. The Director of Immigration and the Torture Claims Appeal Board rejected his claim. The applicant sought leave to apply for judicial review, arguing procedural unfairness due to late receipt of the hearing bundle and the Board's reliance on unofficial or outdated information. The judge refused leave, finding no error of law or procedural unfairness. On appeal, the Court of Appeal held that the applicant failed to provide particulars to support his assertions and that there was no reasonably arguable basis to challenge the Board's decision. Appeal dismissed.
Legal issues: Leave to apply for judicial review - prospects of success
Outcome: Appeal against refusal of leave to apply for judicial review dismissed.
Cited by 1 case · Cites 12 cases