Read the full judgment text of HCAL 1184/2023 on BabelCite. This Court of First Instance judgment was delivered on 15 November 2024 before Deputy High Court Judge K.W. Lung.
Administrative and constitutional law – judicial review – leave to apply for judicial review – non-refoulement claim – Torture Claims Appeal Board – standard of review – supervisory role of court – assessment of evidence and credibility – whether Board misdirected itself or reached an unreasonable/irrational decision – Liberian applicant claiming risk on grounds of religious conversion from Islam to Christianity and property dispute – Immigration Ordinance (Cap 115) Part VIIC – Hong Kong Bill of Rights Ordinance (Cap 383) Section 8 Articles 2 and 3 – 1951 Refugee Convention Article 33 – country of origin information – credibility of kidnapping allegations and baptism – internal relocation and state protection – application dealt with on papers after solicitor ceased to act and applicant absent – no realistic prospect of success shown – leave refused – application dismissed.
Legal issues: Whether leave to apply for judicial review should be granted for alleged unreasonableness/irrationality in the Board's assessment of the applicant's evidence
Outcome: Leave to apply for judicial review refused; application dismissed.
Cites 2 cases