Read the full judgment text of CACV 377/2018 on BabelCite. This Court of Appeal judgment was delivered on 11 January 2019 before Hon Lam VP, Kwan and McWalters JJA.
Administrative law – judicial review – non-refoulement – leave to apply for judicial review – appeal from refusal of leave – scope of appellate review – fresh arguments – Ladd v Marshall – Order 53, rule 4(1) – Immigration Ordinance (Cap 115) Part VIIC – Hong Kong Bill of Rights articles 2 and 3 – Refugee Convention article 33 – Bangladesh national – overstay – claim for non-refoulement protection – Awami League – Bangladesh Islami Chatra – adverse credibility finding – country of origin information – state protection – duty lawyer – applicant acting in person – Whether the Court of Appeal may entertain new arguments not raised before the judge – New arguments not raised at first instance and not explained will not be entertained – Whether the judge erred in refusing leave to apply for judicial review – Judge applied correct approach with rigorous examination and anxious scrutiny and found no arguable basis to challenge the Board's credibility findings – Concept of state acquiescence or involvement inapplicable on the facts – General assertions without particulars cannot constitute valid grounds – Appeal dismissed.
Legal issues: Whether the Court of Appeal may entertain new arguments not raised before the judge at first instance · Whether the judge erred in refusing leave to apply for judicial review
Outcome: Appeal dismissed.
Cited by 457 cases · Cites 3 cases