Read the full judgment text of CACV 290/2019 on BabelCite. This Court of Appeal judgment was delivered on 14 October 2019 before Hon Kwan VP, Hon Yuen JA.
Immigration – non-refoulement – judicial review – leave to apply – appeal – new grounds – failure to comply with directions – appeal dismissed – The applicant, a national of Niger, claimed non-refoulement protection based on fear of harm from Mamadou Tandja's Party. The Director of Immigration and the Torture Claims Appeal Board rejected the claim as not credible. The judge refused leave for judicial review, finding no error. On appeal, the applicant raised new grounds not previously argued. The Court of Appeal held that it will not entertain new grounds not raised below and that the grounds were not viable. The appeal was dismissed as the applicant failed to demonstrate any error by the judge.
Legal issues: Appeal against refusal of leave for judicial review in non-refoulement case
Outcome: Appeal dismissed; refusal of leave for judicial review upheld.
Cited by 2 cases · Cites 4 cases