AHAMMED MD ROBIN v. TORTURE CLAIMS APPEAL BOARD/ NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

AHAMMED MD ROBIN v. TORTURE CLAIMS APPEAL BOARD/ NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

The application for leave was dismissed because the applicant had already pursued the same complaints in a previous leave application which a judge had considered under the heightened scrutiny appropriate for non-refoulement cases and found no arguable errors; the applicant offered no exceptional circumstances to justify repetition and the repeated application constituted an abuse of process, so leave was refused.

Citation
[2019] HKCFI 869
Parties
Applicant: Ahammed Md Robin; Putative Respondent: Torture Claims Appeal Board/Non-refoulement Claims Petition Office; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
4 April 2019
Case Number
HCAL178/2018
Procedural Posture
Judicial Review Leave Application / Leave Application Dismissed at Leave Stage
Outcome
Application for leave for judicial review dismissed.
Legal Topics
Non Refoulement, Torture, Persecution, Procedural Fairness, Abuse of Process, Wednesbury Unreasonableness, Leave to Apply for Judicial Review
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Refugee and Asylum Law Non Refoulement Torture Persecution +4 more

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Parties

Ahammed Md Robin

Applicant

Torture Claims Appeal Board/Non-refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Judicial Review Leave Application / Leave Application Dismissed at Leave Stage

Legal Issues

  1. 1 Whether the repeated application for leave amounted to abuse of process
  2. 2 Whether the Board/Adjudicator's decision was Wednesbury unreasonable or infected by error of law
  3. 3 Whether the lack of translation/interpretation and late provision of the appeal bundle constituted procedural unfairness justifying leave

Ratio Decidendi

The application for leave was dismissed because the applicant had already pursued the same complaints in a previous leave application which a judge had considered under the heightened scrutiny appropriate for non-refoulement cases and found no arguable errors; the applicant offered no exceptional circumstances to justify repetition and the repeated application constituted an abuse of process, so leave was refused.

Court Disposition

Application for leave for judicial review dismissed.

Orders

  • Application for leave to apply for judicial review dismissed (order dated 4 April 2019).