AKTHER LIMA v. S. J. GEISER, ESQ., TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

AKTHER LIMA v. S. J. GEISER, ESQ., TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

The second application for leave to apply for judicial review was struck out because it sought to re-litigate the same Board decision after an earlier leave application had been refused (HCAL 484/2017), that earlier refusal having found no reasonably arguable grounds or legal error; the new application is therefore barred by res judicata and is an abuse of process and must be dismissed.

Citation
[2019] HKCFI 2369
Parties
Applicant: Akther Lima; Putative Respondent: S. J. Geiser; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
13 November 2019
Case Number
HCAL427/2018
Procedural Posture
Judicial Review Leave Application / Leave Application Struck Out
Outcome
Application for leave to apply for judicial review struck out and dismissed
Legal Topics
Non Refoulement, Torture Risk, HKBOR Article 3, Res Judicata, Abuse of Process, Procedural Fairness, Country of Origin Information, Internal Relocation
Source Language
EN
Immigration Law Administrative Law Constitutional Law Human Rights Law Non Refoulement Torture Risk HKBOR Article 3 Res Judicata +4 more

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Parties

Akther Lima

Applicant

S. J. Geiser

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Judicial Review Leave Application / Leave Application Struck Out

Legal Issues

  1. 1 Whether the second leave application is barred by res judicata/abuse of process
  2. 2 Whether the Board/Director erred in law or acted irrationally in rejecting non-refoulement/torture/Article 3/HKBOR claims
  3. 3 Whether there was procedural unfairness or failure to consider relevant COI

Ratio Decidendi

The second application for leave to apply for judicial review was struck out because it sought to re-litigate the same Board decision after an earlier leave application had been refused (HCAL 484/2017), that earlier refusal having found no reasonably arguable grounds or legal error; the new application is therefore barred by res judicata and is an abuse of process and must be dismissed.

Court Disposition

Application for leave to apply for judicial review struck out and dismissed

Orders

  • The application for leave to apply for judicial review be struck out and dismissed.