KHATUN MST ASMA v. KAY RANSOME, ESQ., TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

KHATUN MST ASMA v. KAY RANSOME, ESQ., TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

The second leave application was struck out and dismissed because it sought to relitigate the same decision already considered and refused in a prior leave application, thereby engaging res judicata and constituting an abuse of process; there were no new arguable grounds or explanation to justify the second application and the Board's decision showed no error of law or procedural unfairness.

Citation
[2019] HKCFI 1028
Parties
Applicant: Khatun Mst Asma; Putative Respondent: Kay RANSOME, ESQ., Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
19 July 2019
Case Number
HCAL89/2018
Procedural Posture
Leave to Apply for Judicial Review / Second Leave Application Struck Out and Dismissed
Outcome
Second application for leave to apply for judicial review struck out and dismissed
Legal Topics
Non Refoulement, Torture, Article 3 HKBOR, Res Judicata, Abuse of Process, Leave to Apply for Judicial Review, Internal Relocation, Procedural Fairness
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Non Refoulement Torture Article 3 HKBOR Res Judicata +4 more

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Parties

Khatun Mst Asma

Applicant

Kay RANSOME, ESQ., Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Leave to Apply for Judicial Review / Second Leave Application Struck Out and Dismissed

Legal Issues

  1. 1 Whether the second leave application is barred by res judicata
  2. 2 Whether the second application constitutes an abuse of process
  3. 3 Whether there were arguable errors of law or procedural unfairness in the Board's decision

Ratio Decidendi

The second leave application was struck out and dismissed because it sought to relitigate the same decision already considered and refused in a prior leave application, thereby engaging res judicata and constituting an abuse of process; there were no new arguable grounds or explanation to justify the second application and the Board's decision showed no error of law or procedural unfairness.

Court Disposition

Second application for leave to apply for judicial review struck out and dismissed

Orders

  • Second application for leave to apply for judicial review struck out and dismissed