FIASAT v. WESLEY WONG, ESQ [Decision on Leave Application]

FIASAT v. WESLEY WONG, ESQ [Decision on Leave Application]

The applicant failed to demonstrate any legal defect or credible evidence undermining the Board's decision or the Director's reliance on country of origin information, and he confirmed he had a fair hearing; therefore there was no reasonable prospect of success and leave to apply for judicial review was refused.

Citation
[2019] HKCFI 1777
Parties
Applicant: Fiasat; Putative Respondent: Torture Claims Appeal Board/Non-refoulement Claims Petition Office; Putative Interested Party: The Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
17 July 2019
Case Number
HCAL1370/2018
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Stage (refused)
Outcome
Leave to apply for judicial review refused; application dismissed.
Legal Topics
Non Refoulement, Torture and CIDTP, Country of Origin Information, Procedural Fairness, Screening/assessment Under Immigration Ordinance, Leave to Apply for Judicial Review
Source Language
EN
Constitutional and Administrative Law Immigration Law Human Rights Law Refugee and Asylum Law Non Refoulement Torture and CIDTP Country of Origin Information Procedural Fairness +2 more

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Parties

Fiasat

Applicant

Torture Claims Appeal Board/Non-refoulement Claims Petition Office

Putative Respondent

The Director of Immigration

Putative Interested Party

Procedural Posture

Application for Leave to Apply for Judicial Review / Leave Stage (refused)

Legal Issues

  1. 1 Whether the applicant was denied a fair hearing by late delivery and untranslated hearing bundle
  2. 2 Whether the Board and Director lawfully relied on country of origin information
  3. 3 Whether risks under Part VIIC Immigration Ordinance, Article 2 and Article 3 of the Hong Kong Bill of Rights Ordinance and Article 33 Refugee Convention were properly assessed

Ratio Decidendi

The applicant failed to demonstrate any legal defect or credible evidence undermining the Board's decision or the Director's reliance on country of origin information, and he confirmed he had a fair hearing; therefore there was no reasonable prospect of success and leave to apply for judicial review was refused.

Court Disposition

Leave to apply for judicial review refused; application dismissed.

Orders

  • Leave refused and application dismissed