Read the full judgment text of CACV 511/2020 on BabelCite. This Court of Appeal judgment was delivered on 7 May 2021 before Hon Barma JA and ST Poon J.
Immigration – non-refoulement claim – judicial review – leave to apply – appeal – no ground for relief identified – state protection – internal relocation – Practice Direction 4.1 – skeleton submissions – The applicant, a Nigerian national, claimed non-refoulement based on threats from a relative over a land dispute. The Director of Immigration and the Torture Claims Appeal Board rejected the claim, finding state protection available and internal relocation viable. The applicant sought leave to apply for judicial review but provided no grounds in Form 86 or supporting affidavit. The Deputy High Court Judge refused leave, finding no error of law or procedural unfairness. On appeal, the applicant argued the judge did not independently consider his case, but provided no particulars. The Court of Appeal dismissed the appeal, holding that the applicant failed to substantiate any public law error and that the judge correctly applied the standard that judicial review is not a rehearing.
Legal issues: Leave to apply for judicial review of non-refoulement claim decision
Outcome: Appeal dismissed; leave to apply for judicial review refused.
Cited by 2 cases · Cites 6 cases