Read the full judgment text of CACV 286/2018 on BabelCite. This Court of Appeal judgment was delivered on 12 November 2018 before Cheung JA, Chu JA, Barma JA.
Immigration – non-refoulement – judicial review – leave to apply – appeal – credibility – state protection – internal relocation – Practice Direction 4.1 – written argument – failure to comply – abandonment of oral hearing – The applicant, a Nepali national, entered Hong Kong illegally and claimed non-refoulement based on fear of harm from Maoists. The Director of Immigration and the Torture Claims Appeal Board rejected his claim, finding his account not credible and noting state protection and internal relocation options. The applicant sought leave to apply for judicial review, which was refused. On appeal, the Court of Appeal dismissed the appeal, holding that the grounds raised were not proper: the mere assertion of danger could not advance the claim, and the new complaint about insufficient time to adduce documents was not raised earlier and lacked merit given the lengthy proceedings and legal representation. The applicant also failed to lodge written argument as directed, which was treated as abandonment of the right to an oral hearing.
Legal issues: Appeal against refusal of leave for judicial review
Outcome: Appeal dismissed.
Cited by 2 cases · Cites 2 cases