Read the full judgment text of CACV 578/2019 on BabelCite. This Court of Appeal judgment was delivered on 13 May 2020 before Hon Cheung JA, G Lam J.
Immigration – non-refoulement – judicial review – leave to apply – procedural fairness – language assistance – legal assistance – internal relocation – standard of review – appeal against refusal of leave – The applicant, an Indian national, claimed non-refoulement due to fear of harm from his brother over a property dispute. The Director of Immigration and the Torture Claims Appeal Board rejected the claim, accepting the facts but finding no state action and possibility of internal relocation. The Court of First Instance refused leave for judicial review. On appeal, the Court of Appeal held that the judge did not err; high standards of fairness do not require legal assistance at all stages, and the applicant had an interpreter. The burden of proof is on the applicant. The appeal was dismissed.
Legal issues: Procedural fairness in non-refoulement judicial review · Standard of review on appeal against refusal of leave
Outcome: Appeal dismissed.
Cites 2 cases