Read the full judgment text of CACV 354/2019 on BabelCite. This Court of Appeal judgment was delivered on 2 December 2019 before Lam VP, Lisa Wong J, S T Poon J.
Administrative law – judicial review – non-refoulement protection claim – appeal against refusal of leave to apply for judicial review – Torture Claims Appeal Board / Non-refoulement Claims Petition Office – Director of Immigration – applicant national of Bangladesh – Chhatra Dal / Bangladesh Nationalist Party political affiliation – alleged risk from Awami League – scope of judicial review of Board's decision – whether findings of fact by Board are final – interpretation of Section 23(4) of Schedule 1A of the Immigration Ordinance – proper approach is that assessment of evidence, COI materials, risk of harm, state protection and internal relocation is primarily for the Board – judicial review available only for errors of law, procedural unfairness or irrationality – Re: Moshsin Ali [2018] HKCA 549 clarified – Court of Appeal's role on appeal from refusal of leave – not a further avenue of appeal – not the occasion to re-run arguments – must demonstrate judge erred in law or was plainly wrong – Board's adverse credibility finding – failure to take first opportunity to seek protection – inconsistent and contradictory evidence – state protection reasonably available – internal relocation viable – applicant in person – grounds relating to late delivery, translation and hearing bundle – general assertion that Board relied on outdated and hearsay COI without identifying materials or evidence – unsupported ground – appeal dismissed.
Legal issues: Reviewability of Board's findings of fact on judicial review · Whether applicant advanced viable grounds challenging the Board's assessment of COI · Whether to dismiss the appeal against refusal of leave to apply for judicial review
Outcome: Appeal dismissed; leave to apply for judicial review refused
Cited by 63 cases · Cites 4 cases