Read the full judgment text of CACV 356/2020 on BabelCite. This Court of Appeal judgment was delivered on 5 March 2021 before Hon Lam VP and Yuen JA.
Civil appeal – non-refoulement claim – judicial review – leave to apply for judicial review – Pakistani national entered Hong Kong illegally in June 2012 and lodged non-refoulement claim based on fear of harm from Nawab Farhat Ullah Khan, a PML(N) politician or his allies, and from the Pakistani authorities while PML(N) was in power – Director of Immigration rejected claim on BOR 2 risk, BOR 3 risk, persecution risk, and torture risk – Torture Claims Appeal Board dismissed appeal on 19 October 2018 finding applicant's evidence lacking in satisfactory or logical details, injuries minor, and state protection available – applicant sought leave to apply for judicial review of Board's decision – Court of First Instance refused leave on 29 July 2020 – applicant appealed – whether the applicant was denied opportunity to plead his case properly – whether general assertions without particulars are effective grounds – role of the Court in judicial review is not to provide a further avenue of appeal – assessment of evidence and country of origin information, risk of harm, state protection and internal relocation are primarily within the province of the Board and Director – court will not intervene unless there are errors of law, procedural unfairness, or irrationality – an appeal against refusal of leave is not the occasion for regurgitating arguments already advanced and rejected – court must examine the decision of the judge in light of the grounds advanced, not re-examine the Board's decision afresh – otherwise the stringent time limit in Order 53 rule 4(1) of the Rules of the High Court (Cap 4A) would be flouted – applicant failed to lodge written submissions as directed – appeal processed on paper – applicant provided no specific errors or particulars in his grounds of appeal – no reasonably arguable ground to challenge the Judge's decision – Judge plainly right to refuse leave – appeal dismissed.
Legal issues: Whether the appeal against the Judge's refusal of leave to apply for judicial review in a non-refoulement case should be allowed
Outcome: Appeal dismissed.
Cited by 225 cases · Cites 9 cases