Read the full judgment text of CACV 167/2023 on BabelCite. This Court of Appeal judgment was delivered on 31 January 2024 before Hon Kwan VP and Cheung JA.
Immigration – non-refoulement – torture risk – BOR 2 risk – BOR 3 risk – persecution risk – judicial review – leave to apply – appeal against refusal of leave – standard of review – whether judge erred in law or was plainly wrong – new grounds on appeal – bare assertions without evidence – appeal dismissed – The applicant, a Vietnamese national, claimed he would be harmed by his creditor if refouled. The Director of Immigration and the Torture Claims Appeal Board rejected his claim, finding his account untruthful and noting state protection and internal relocation options. The Court of First Instance refused leave for judicial review. On appeal, the Court of Appeal held that the applicant failed to demonstrate any error of law or plain wrongness in the judge's decision, and his grounds of appeal were new grounds not raised below and were bare assertions without evidence. Appeal dismissed.
Legal issues: Appeal against refusal of leave for judicial review in non-refoulement case
Outcome: Appeal dismissed as devoid of merit.
Cited by 2 cases · Cites 4 cases