Read the full judgment text of CACV 360/2019 on BabelCite. This Court of Appeal judgment was delivered on 29 November 2019 before Au JA and S T Poon J.
Administrative law – non-refoulement claim – judicial review – leave to apply for judicial review – appeal against refusal of leave – Immigration Ordinance (Cap 115) – Torture Claims Appeal Board – Director of Immigration – Indonesian domestic helper who overstayed – claim that brother and loan shark would harm her if returned – Board's finding of fabricated story and inconsistencies – application for leave to apply for judicial review of Director's Decision and Board's Decision refused by Deputy High Court Judge – whether Director's Decision susceptible to judicial review once Board appeal pursued – whether Deputy Judge erred in refusing leave – whether Board and Director failed to conduct sufficient inquiry into country of origin information – whether failure to consider BOR3 risk and mental distress – Court of Appeal principles in Nupur Mst v Director of Immigration – enhanced standard of scrutiny but court not a further avenue of appeal – assessment of evidence and COI primarily within province of Board – appeal against refusal of leave must identify errors in the judge's decision – following Re Moshsin Ali, Director's decision superseded by Board's decision and not susceptible to judicial review without exceptional circumstances – applicant set out no exceptional circumstances – applicant failed to identify any errors in the Deputy Judge's Decision – grounds of appeal targeted decision-makers rather than the Deputy Judge – court reviewed both Board's Decision and Deputy Judge's Decision and found no errors of law, mistakes of fact, or procedural impropriety – appeal has no merits – appeal dismissed.
Legal issues: Whether the Director's Decision is susceptible to judicial review once an appeal to the Board is pursued · Whether the Deputy Judge erred in refusing leave to apply for judicial review of the Board's Decision · Whether the Board and Director failed to conduct sufficient inquiry into country of origin information
Outcome: Appeal dismissed.
Cited by 56 cases · Cites 7 cases