Read the full judgment text of CACV 171/2018 on BabelCite. This Court of Appeal judgment was delivered on 15 August 2018 before Cheung CJHC, Cheung JA, Yuen JA.
Administrative law – judicial review – torture claims – abuse of process – res judicata – leave to apply for judicial review – whether second application raising identical grounds after refusal of first constitutes abuse of process – Court of Appeal holds that the second judicial review application, relying on the same eight grounds of challenge as the earlier refused application, was an abuse of process under the principle of res judicata – whether there are reasonable arguable grounds for judicial review of a torture claim – Board found applicant's evidence incoherent, inconsistent and lacking in detail, and rejected evidence in its entirety – applicant failed to attend interviews before Director and no hearing took place – enhanced Wednesbury standard satisfied – applicant in person failed to file written submissions as directed and did not identify specific grounds of appeal – appeal dismissed.
Legal issues: Whether commencing an identical judicial review application after a previous one on the same grounds had been refused constitutes an abuse of process · Whether there were any reasonable arguable grounds to grant leave for judicial review
Outcome: Appeal dismissed
Cited by 32 cases · Cites 2 cases