HOSSAIN RIPON v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

HOSSAIN RIPON v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

The application was dismissed because it was identical to a previous leave application already properly refused by the court; the applicant did not appeal that refusal, so the second application is barred as res judicata and constitutes an abuse of court process, justifying dismissal without further hearing.

Citation
[2018] HKCFI 2184
Parties
Applicant: Hossain Ripon; Putative Respondent: Torture Claims Appeal Board / Non-Refoulement Claims Petition Office; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
19 October 2018
Case Number
HCAL916/2017
Procedural Posture
Application for Leave to Apply for Judicial Review / Decision on Leave (leave Dismissed)
Outcome
Leave to apply for judicial review dismissed.
Legal Topics
Non Refoulement, Torture Risk, Article 3 HKBOR, Article 2 HKBOR, Procedural Fairness, Res Judicata / Abuse of Process, Country of Origin Information, Internal Relocation, Standard of Proof, Judicial Review Leave
Source Language
EN
Administrative Law Constitutional Law Immigration Law Refugee Law Human Rights Law Non Refoulement Torture Risk Article 3 HKBOR +7 more

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Parties

Hossain Ripon

Applicant

Torture Claims Appeal Board / Non-Refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Application for Leave to Apply for Judicial Review / Decision on Leave (leave Dismissed)

Legal Issues

  1. 1 Whether the applicant’s second leave application was barred by res judicata/abuse of process
  2. 2 Whether the Board and Director irrationally or unfairly failed to consider relevant COI
  3. 3 Whether state protection and internal relocation were properly assessed

Ratio Decidendi

The application was dismissed because it was identical to a previous leave application already properly refused by the court; the applicant did not appeal that refusal, so the second application is barred as res judicata and constitutes an abuse of court process, justifying dismissal without further hearing.

Court Disposition

Leave to apply for judicial review dismissed.

Orders

  • Leave to apply for judicial review dismissed
  • No further hearing to be allowed on the same grounds as previously refused (application dismissed as abuse of process/res judicata)