Read the full judgment text of CACV 504/2018 on BabelCite. This Court of Appeal judgment was delivered on 10 January 2019 before Hon Lam VP and B Chu J.
Administrative law – judicial review – leave to apply for judicial review – Torture Claims Appeal Board – non-refoulement claim – late filing of notice of appeal/petition – Indian national – fear of harm by travel agent for requesting refund – 14-day deadline – applicant changed address without notifying Director of Immigration – duty to keep authority informed – section 37ZT(2) Immigration Ordinance (Cap 115) – preliminary decision without oral hearing – burden on applicant to provide full reasons and evidence – whether Judge erred in refusing leave – standard of appellate review – Court of Appeal will not reverse a decision unless errors of law or plain wrongness demonstrated – whether stated ground of appeal is valid – whether merits can be reassessed on appeal – whether immigration officer at Immigration Centre had obligation to inform claimant of case progress – appeal dismissed
Legal issues: Whether the Court of Appeal should reverse the judge's refusal of leave to apply for judicial review against the Board's decision refusing late filing of notice of appeal
Outcome: Appeal dismissed. The Court of Appeal agreed with the Judge that leave to apply for judicial review should be refused, finding no error of law or procedural unfairness in the Board's decision.
Cited by 21 cases · Cites 11 cases