Read the full judgment text of CACV 149/2019 on BabelCite. This Court of Appeal judgment was delivered on 16 August 2019 before Lam VP and Barma JA.
Civil procedure – judicial review – leave to apply for judicial review – non-refoulement claim – Bangladesh national – alleged fear of harm from Muslims for criticizing Islam – refusal of leave by Court of First Instance – whether new grounds of appeal may be raised for first time on appeal – whether Board erred in assessment of country of origin information – Nazir Qaisar v Torture Claims Appeal Board distinguished – Ladd v Marshall test for fresh evidence – Order 53 rule 4(1) of the Rules of the High Court (Cap 4A) – whether concept of passive state acquiescence applicable – UN Committee General Comment No. 2 – Re Esmerez Maria Nieva Gelito – whether Board properly assessed applicant's credibility – Y v Secretary of State for the Home Department – appeal dismissed
Legal issues: Scope of Court of Appeal review in non-refoulement leave cases · Admissibility of new arguments and fresh evidence on appeal · Whether the Board erred in its assessment of country of origin information · Application of passive state acquiescence and UN Committee General Comment No. 2 · Standard of assessment of claimant's evidence in non-refoulement proceedings
Outcome: Appeal dismissed; the Court of Appeal affirmed the Court of First Instance judge's refusal of leave to apply for judicial review.
Cited by 31 cases · Cites 10 cases