Read the full judgment text of CACV 441/2018 & CACV 442/2018 on BabelCite. This Court of Appeal judgment was delivered on 22 February 2019 before Cheung JA, Au JA.
Immigration – non-refoulement – judicial review – leave to apply – appeal against refusal – standard of review – BOR 2 and BOR 3 claims – credibility findings – legal representation – translation services – country of origin information – The applicants, Indian nationals, claimed fear of harm from A1's brother over land dispute. Director of Immigration rejected torture and BOR 2 claims. Torture Claims Appeal Board dismissed appeal, finding account fabricated. Deputy High Court Judge refused leave for judicial review. Court of Appeal dismissed appeals, finding no error in law or failure to consider relevant matters; applicants merely regurgitated arguments already considered. Appeals dismissed.
Legal issues: Leave to appeal against refusal of leave for judicial review
Outcome: Appeals dismissed; refusal of leave for judicial review upheld.
Cited by 2 cases · Cites 3 cases