HASSAN MD v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

HASSAN MD v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

The second leave application was struck out and dismissed as an abuse of process because the applicant had already had a prior leave application refused, failed to disclose that fact, and the proposed grounds were not reasonably arguable and the application was out of time under Order 53 r4(1).

Citation
[2019] HKCFI 1761
Parties
Applicant: Hassan Md; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
26 July 2019
Case Number
HCAL69/2018
Procedural Posture
Judicial Review (leave to Apply) / Leave Application Struck Out and Dismissed
Outcome
Struck out and dismissed
Legal Topics
Non Refoulement, Torture Risk, Article 3 HKBOR, Article 2 HKBOR, Abuse of Process, Leave to Apply for Judicial Review, Time Limits Under Order 53, Procedural Fairness, Credibility Findings
Source Language
EN
Constitutional Law Administrative Law Immigration Law Asylum and Non Refoulement Judicial Review Civil Procedure Non Refoulement Torture Risk +7 more

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Parties

Hassan Md

Applicant

Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Judicial Review (leave to Apply) / Leave Application Struck Out and Dismissed

Legal Issues

  1. 1 Whether a second application for leave to apply for judicial review after an earlier refusal constitutes an abuse of process
  2. 2 Whether the applicant disclosed the prior proceedings when filing the second leave application
  3. 3 Whether the proposed grounds were reasonably arguable such that leave should be granted

Ratio Decidendi

The second leave application was struck out and dismissed as an abuse of process because the applicant had already had a prior leave application refused, failed to disclose that fact, and the proposed grounds were not reasonably arguable and the application was out of time under Order 53 r4(1).

Court Disposition

Struck out and dismissed

Orders

  • This second application for leave to apply for judicial review is struck out and dismissed.