HOSSAIN MOHAMMAD RAHAT v. WONG CHUN-KONG, ESQ. [Decision on Leave Application]

HOSSAIN MOHAMMAD RAHAT v. WONG CHUN-KONG, ESQ. [Decision on Leave Application]

The application for leave was dismissed because the Applicant failed to show any material new evidence linking to his personal risk that would overturn the Adjudicator's adverse credibility findings; the Board and Director had lawfully and fairly considered the claim; the earlier judicial review already applied...

Source-derived case information.

Citation
[2019] HKCFI 1603
Parties
Applicant: Hossain Mohammad Rahat; Respondent: Adjudicator; Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
25 June 2019
Case Number
HCAL157/2018
Procedural Posture
Application for Leave to Apply for Judicial Review (non Refoulement) / Leave Application Dismissed at First Instance
Outcome
Application for leave for judicial review dismissed
Legal Topics
Non Refoulement, Torture, Refugee Status, Judicial Review, Procedural Fairness, Credibility Assessment, Abuse of Process, State Protection and Internal Relocation
Source Language
en
Constitutional Law Administrative Law Immigration Law Human Rights Law Non Refoulement Torture Refugee Status Judicial Review +4 more

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Parties

Hossain Mohammad Rahat

Applicant

Adjudicator

Respondent

Director of Immigration

Interested Party

Procedural Posture

Application for Leave to Apply for Judicial Review (non Refoulement) / Leave Application Dismissed at First Instance

Legal Issues

  1. 1 Whether leave for judicial review should be granted after a prior judicial review refusal
  2. 2 Whether the Adjudicator’s credibility findings were unreasonable or tainted by procedural unfairness
  3. 3 Whether newly tendered material justified a second application for leave

Ratio Decidendi

The application for leave was dismissed because the Applicant failed to show any material new evidence linking to his personal risk that would overturn the Adjudicator's adverse credibility findings; the Board and Director had lawfully and fairly considered the claim; the earlier judicial review already applied rigorous scrutiny and found no error, and the reapplication on the same grounds amounted to an abuse of process with no realistic prospect of success.

Court Disposition

Application for leave for judicial review dismissed

Orders

  • Application for leave for judicial review dismissed