Read the full judgment text of CACV 155/2019 on BabelCite. This Court of Appeal judgment was delivered on 19 July 2019 before Hon Lam Acting CJHC and Andrew Chan J.
Administrative law – judicial review – non-refoulement claim – leave to apply for judicial review – appeal from refusal of leave – Indian national – overstaying visitor – Article 3 of the Convention against Torture – unified screening mechanism – fear of harm by a person known as Sabba over a community club dispute – claim rejected by Director of Immigration and Torture Claims Appeal Board / Non-refoulement Claims Petition Office – Whether Director's decision susceptible to judicial review after Board appeal – held not, absent exceptional circumstances, following Re Moshsin Ali [2018] HKCA 549 – Whether lack of language assistance rendered proceedings unfair – held no, where interpreter services were provided at hearings and applicant had assistance of Duty Lawyer with interpretation – Whether new fact-and-evidence sensitive arguments challenging Board's credibility assessment could be raised for first time on appeal – held no, in light of stringent time limits in Order 53, rule 4(1), Rules of the High Court (Cap 4A) – Whether applicant identified viable ground to reverse judge – held no – General principles restated that court will not provide further avenue of appeal and will not intervene unless errors of law, procedural unfairness or irrationality – Appeal dismissed.
Legal issues: Susceptibility of Director's decision to judicial review after Board appeal · Whether lack of language assistance rendered the process unfair · Admissibility of new arguments regarding the Board's credibility assessment on appeal · Whether the applicant identified a viable ground to reverse the judge
Outcome: Appeal dismissed.
Cited by 78 cases · Cites 14 cases