Read the full judgment text of CAMP 54/2018 on BabelCite. This Court of Appeal judgment was delivered on 16 August 2018 before Hon Lam VP and Barma JA.
Administrative law – judicial review – non-refoulement claim – extension of time to appeal – fresh evidence – non-refoulement claim by Bangladeshi national overstaying as domestic helper – claim based on fear of harm from Awami League members due to her affiliation with Bangladesh Nationalist Party – Director's decisions on 18 April 2016 and 10 March 2017 rejecting BOR 3, persecution, torture and BOR 2 risks – Torture Claims Appeal Board's decision of 23 June 2017 dismissing appeal after applicant failed to attend hearing – deputy judge's refusal of leave to apply for judicial review on 11 April 2018 – applicant filed Form 86 without grounds – whether fresh evidence (three letters from 2002 and 2013) should be admitted – whether extension of time to appeal should be granted – role of Court in judicial review is not to provide a further avenue of appeal – assessment of evidence and risk of harm primarily within the province of the Board – enhanced Wednesbury scrutiny in non-refoulement cases – Ladd v Marshall test for fresh evidence – applicant has duty to update Court of change of address – four-factor test for extension of time: length of delay, reasons for delay, prospects of success, and prejudice – applicant's failure to notify change of address was the real reason for delay – documents not produced before Board or court below without reasonable explanation – documents internally inconsistent and contradicted earlier case – documents would not assist on findings on state protection and internal relocation – intended appeal had no reasonable prospect of success – extension of time refused – summons dismissed – no order as to costs as Director appeared only to assist.
Legal issues: Whether the three letters should be admitted as fresh evidence · Whether to grant extension of time to appeal
Outcome: Application for extension of time to appeal dismissed; summons of 3 May 2018 dismissed.
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