Read the full judgment text of FACV 000016/2003 on BabelCite. This FACV judgment was delivered on 8 June 2004 before Chief Justice Li, Mr Justice Bokhary PJ, Mr Justice Chan PJ, Mr Justice Ribeiro PJ and Lord Millett NPJ.
Administrative law – judicial review – deportation – Convention Against Torture – Refugee Convention – standards of fairness – reliance on UNHCR determination – procedural unfairness – Deportation order made against Sri Lankan Tamil who had been tortured in Sri Lanka – Secretary for Security relying wholly on UNHCR's unexplained rejection of refugee status without independent assessment of torture claim – Whether Secretary entitled to do so – High standards of fairness required where fundamental non-derogable right not to be subjected to torture engaged – Secretary must conduct proper independent assessment of torture claim – Where UNHCR's rejection is for reason not relevant to torture claim, Secretary should give no weight to it – Deportation order invalid for procedural unfairness – Appeal dismissed – Costs to respondent with certificate for three counsel.
Legal issues: Reliance on UNHCR's unexplained rejection of refugee status in assessing torture claims · Standards of fairness required in assessing torture claims under the policy · Weight to be given to UNHCR's refugee status determination when assessing torture claims
Outcome: Appeal dismissed; deportation order quashed
Cited by 1 case