RANAPEHALI PRIYA v. ABU B.BIN WAHAB, ESQ, TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

RANAPEHALI PRIYA v. ABU B.BIN WAHAB, ESQ, TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

The second leave application was struck out and dismissed because it was identical to an earlier leave application that had already been refused, thereby amounting to res judicata and an abuse of process with no realistic prospect of success; the applicant failed to disclose the prior leave refusal when filing the...

Source-derived case information.

Citation
[2019] HKCFI 1763
Parties
Applicant: Ranapehali Priya; Putative Respondent: Abu B.bin Wahab, Esq, 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
HCAL20/2018
Procedural Posture
Leave Application for Judicial Review / Second Leave Application Struck Out and Dismissed on Grounds of Res Judicata/abuse of Process
Outcome
Second application for leave to apply for judicial review struck out and dismissed
Legal Topics
Non Refoulement, Torture (part VIIC Immigration Ordinance), Judicial Review, Abuse of Process, Res Judicata, Leave to Apply for Judicial Review
Source Language
en
Constitutional Law Administrative Law Immigration Law Human Rights Law Non Refoulement Torture (part VIIC Immigration Ordinance) Judicial Review Abuse of Process +2 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Ranapehali Priya

Applicant

Abu B.bin Wahab, Esq, Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Leave Application for Judicial Review / Second Leave Application Struck Out and Dismissed on Grounds of Res Judicata/abuse of Process

Legal Issues

  1. 1 Whether a second, identical leave application after a previous leave refusal is barred by res judicata/abuse of process
  2. 2 Whether the applicant demonstrated a realistic prospect of success to justify leave for judicial review
  3. 3 Whether procedural unfairness or error of law in the Board's decision was reasonably arguable

Ratio Decidendi

The second leave application was struck out and dismissed because it was identical to an earlier leave application that had already been refused, thereby amounting to res judicata and an abuse of process with no realistic prospect of success; the applicant failed to disclose the prior leave refusal when filing the second application and no new materially different grounds were presented.

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 of the Torture Claims Appeal Board decision dated 2 February 2017 is struck out and dismissed