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

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

Leave was granted because the Board arguably misdirected itself in law by broadly categorising core evidence as hearsay and attaching little weight to it, failing to consider available COI and possible medical/scar evidence, and making adverse credibility findings without applying the correct legal principles; the...

Source-derived case information.

Citation
[2023] HKCFI 2841
Parties
Applicant: KZ; 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
3 November 2023
Case Number
HCAL146/2022
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Granted
Outcome
Leave to apply for judicial review granted; leave to file Form 86 out of time granted; leave to amend Form 86 granted; no order as to costs except Applicant's own costs to be taxed in accordance with Legal Aid Regulations.
Legal Topics
Credibility Assessment, Hearsay Evidence, Country of Origin Information (coi), Leave to Apply/extension of Time, Unified Screening Mechanism
Source Language
en
Constitutional and Administrative Law Immigration Law Asylum and Non‑refoulement Judicial Review Evidence Law Credibility Assessment Hearsay Evidence Country of Origin Information (coi) +2 more

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Parties

KZ

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 / Leave Granted

Legal Issues

  1. 1 Whether the Board misdirected itself in law in its approach to the Applicant's evidence and credibility
  2. 2 Whether the Board failed to investigate and apply relevant country of origin information (COI) when assessing credibility
  3. 3 Whether the Board failed to properly assess persecution risk/torture risk (treated as dependent on credibility findings)

Ratio Decidendi

Leave was granted because the Board arguably misdirected itself in law by broadly categorising core evidence as hearsay and attaching little weight to it, failing to consider available COI and possible medical/scar evidence, and making adverse credibility findings without applying the correct legal principles; the delay in filing was minimal and substantial merits favored granting an extension of time.

Court Disposition

Leave to apply for judicial review granted; leave to file Form 86 out of time granted; leave to amend Form 86 granted; no order as to costs except Applicant's own costs to be taxed in accordance with Legal Aid Regulations.

Orders

  • Leave to file the notice of application for leave to apply for Judicial Review (Form 86) out of time granted
  • Leave to amend Form 86 granted