Read the full judgment text of CACV 486/2021 on BabelCite. This Court of Appeal judgment was delivered on 25 February 2022 before Hon Cheung JA, Barma JA.
Immigration – non-refoulement claim – judicial review – leave to apply – appeal – BOR 2 risk – credibility – standard of review – high standards of fairness – anxious scrutiny – The applicant, a national of Bangladesh, claimed fear of harm from an opposing political party leader. The Director of Immigration and the Torture Claims Appeal Board rejected the claim based on adverse credibility findings. The applicant sought leave to apply for judicial review but failed to identify any grounds of review. The Judge refused leave, finding no error of law, irrationality, or procedural unfairness. On appeal, the Court of Appeal held that the applicant's grounds were vague and lacked particulars, and that the Judge's decision was not plainly wrong. The appeal was dismissed.
Legal issues: Leave to apply for judicial review of non-refoulement claim decision
Outcome: Appeal dismissed; refusal of leave to apply for judicial review affirmed.
Cited by 2 cases · Cites 6 cases