AHMAD ALI v. DIRECTOR OF LEGAL AID

AHMAD ALI v. DIRECTOR OF LEGAL AID

The application for leave to apply for judicial review of the Master's dismissal of the legal aid appeal was dismissed because the intended JR of the Board's decision was not reasonably arguable and had no realistic prospect of success; the Master did not err in law in applying the correct test and his conclusions...

Source-derived case information.

Citation
[2019] HKCFI 1303
Parties
Applicant: Ahmad Ali; Putative Respondent: Director of Legal Aid
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
27 May 2019
Case Number
HCAL470/2019
Procedural Posture
Application for Leave to Apply for Judicial Review / Decision on Leave Application
Outcome
Application for leave to apply for judicial review dismissed
Legal Topics
Non Refoulement, Judicial Review, Legal Aid Refusal, Wednesbury Irrationality, Country of Origin Information (coi), Internal Relocation, Leave to Apply for Judicial Review, Delay, Costs
Source Language
en
Constitutional Law Administrative Law Immigration Law Legal Aid Non Refoulement Judicial Review Legal Aid Refusal Wednesbury Irrationality +5 more

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Parties

Ahmad Ali

Applicant

Director of Legal Aid

Putative Respondent

Procedural Posture

Application for Leave to Apply for Judicial Review / Decision on Leave Application

Legal Issues

  1. 1 Whether the Master erred in law on the proper test for appeals against Director of Legal Aid decisions refusing legal aid
  2. 2 Whether the Master and primary decision-makers failed to properly assess Country of Origin Information and state protection
  3. 3 Whether internal relocation within Pakistan was erroneously assessed as viable

Ratio Decidendi

The application for leave to apply for judicial review of the Master's dismissal of the legal aid appeal was dismissed because the intended JR of the Board's decision was not reasonably arguable and had no realistic prospect of success; the Master did not err in law in applying the correct test and his conclusions on COI and internal relocation were not Wednesbury unreasonable.

Court Disposition

Application for leave to apply for judicial review dismissed

Orders

  • Application for leave to apply for judicial review dismissed
  • Applicant's application for adjournment refused