Read the full judgment text of CACV 281/2020 on BabelCite. This Court of Appeal judgment was delivered on 30 April 2021 before Cheung JA, G Lam and S T Poon JJ.
Civil appeal – non-refoulement claim – judicial review – res judicata – abuse of process – second application for leave to judicially review same Board decision – appeal against refusal of leave – focus on correctness of judge's decision – applicant failed to point to any error in judge's reasons – appeal itself an abuse of process – Notice of Appeal struck out – Bepary Shahealom v Torture Claims Appeal Board [2018] HKCA 763 applied
Legal issues: Appeal against refusal of leave for judicial review based on res judicata and abuse of process
Outcome: Appeal struck out as an abuse of process; the Judge's decision to strike out the second application for leave to apply for judicial review is upheld.
Cited by 5 cases · Cites 4 cases