Read the full judgment text of CACV 160/2018 on BabelCite. This Court of Appeal judgment was delivered on 14 September 2018 before Hon Chu JA and M Chan J.
Administrative law – judicial review – leave to apply for judicial review – non-refoulement claim – Torture Claims Appeal Board – hearing in absence of applicant – whether Board gave sufficient reasons for dismissing appeal – Indonesian domestic helper – conviction for theft – fear of harm from husband and moneylender if refouled to Indonesia – appeal against refusal of leave to apply for judicial review – whether new grounds may be raised on appeal – applicant acted in person – whether to entertain new grounds not raised below – Re Nupur MST [2018] HKCA 524 followed – fact and evidence sensitive new grounds not generally permitted – whether complaint of insufficient reasons is arguable – Board dismissed appeal because unable to determine credibility due to applicant's failure to attend – no adverse finding on credibility made – no assessment of plausibility of claim on materials – burden on applicant but where no adverse credibility finding Board must assess claim on plausibility – leave to apply for judicial review granted on ground of insufficient reasons – appeal allowed.
Legal issues: Whether to entertain new grounds not raised in the Court of First Instance · Whether the Board gave insufficient reasons for dismissing the non-refoulement appeal
Outcome: Appeal allowed; leave to apply for judicial review granted to the applicant on the ground that the Board had failed to give, or had given insufficient, reasons for its decision.
Cited by 52 cases · Cites 2 cases