Read the full judgment text of CACV 403/2020 on BabelCite. This Court of Appeal judgment was delivered on 27 April 2021 before Lam VP, Yuen JA, Chu JA.
Immigration – non-refoulement – judicial review – abuse of process – re-litigation – appeal – strike out – The applicant, a Vietnamese national, entered Hong Kong illegally and claimed non-refoulement based on fear of creditor harm. Her claim was rejected by the Director of Immigration and the Torture Claims Appeal Board dismissed her appeal. She first sought judicial review (HCAL 623/2018) but leave was refused and her appeal was dismissed. She then filed a second application for judicial review (HCAL 942/2020) against the same decisions without disclosing the first application. The Deputy High Court Judge struck it out as an abuse of process. On appeal, the Court of Appeal held that the second application was an abuse of process because it sought to re-litigate the same decisions, and the applicant had failed to show any basis for departing from the outcome of the first application. The appeal was struck out and dismissed.
Legal issues: Abuse of process – second judicial review of same decisions
Outcome: Appeal struck out and dismissed.
Cited by 2 cases · Cites 10 cases