Read the full judgment text of CACV 142/2020 on BabelCite. This Court of Appeal judgment was delivered on 1 April 2021 before Poon CJHC, Yeung VP, Barma JA.
Immigration – non-refoulement – judicial review – leave to apply – arguable case standard – appeal – state acquiescence – adequacy of reasons – Nepal – Maoist threats – BOR 2 risk – BOR 3 risk – torture – persecution – Director of Immigration – Torture Claims Appeal Board – failure to state grounds – appeal dismissed – the applicant, a Nepalese national, entered Hong Kong illegally and claimed non-refoulement based on Maoist threats – the Director rejected her claim, covering BOR 3, persecution, and torture risks; the Board dismissed her appeals – the applicant then sought leave for judicial review but provided no grounds – the judge refused leave, finding no reasonably arguable case – on appeal, the applicant argued state acquiescence and inadequate reasoning – the Court of Appeal held that the state acquiescence ground was not raised below and cannot be raised for the first time on appeal; the judge gave sufficient reasons for her decision – no merit in the appeal – leave to apply for judicial review properly refused – appeal dismissed
Legal issues: Leave to apply for judicial review – arguable case standard
Outcome: Appeal dismissed.
Cited by 2 cases · Cites 2 cases