TI v. WINSTON LEUNG

TI v. WINSTON LEUNG

TCAB's refusal to hold an oral hearing, coupled with making credibility findings unsupported by evidence and failing to consider new matters raised on appeal, amounted to procedural unfairness; certiorari was granted, TCAB's decision quashed and the appeal remitted for re-consideration by another Adjudicator with...

Source-derived case information.

Citation
TI v. WINSTON LEUNG
Parties
Applicant: TI; Respondent: Winston Leung; Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
3 October 2016
Case Number
HCAL66/2015
Procedural Posture
Judicial Review of TCAB Decision / Judgment (certiorari Granted; Remitted to TCAB for Rehearing)
Outcome
Certiorari granted; TCAB decision quashed and remitted for re-consideration by another Adjudicator
Legal Topics
Non Refoulement, Torture, Procedural Fairness, Oral Hearing, Credibility Findings, Internal Relocation, Judicial Review, Burden and Standard of Proof
Source Language
en
Constitutional Law Administrative Law Immigration Law Human Rights Law Refugee Law Non Refoulement Torture Procedural Fairness +5 more

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Summary, issues, holding and outcome

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Parties

TI

Applicant

Winston Leung

Respondent

Director of Immigration

Interested Party

Procedural Posture

Judicial Review of TCAB Decision / Judgment (certiorari Granted; Remitted to TCAB for Rehearing)

Legal Issues

  1. 1 Whether TCAB erred in refusing an oral hearing
  2. 2 Whether TCAB made credibility findings without evidential basis
  3. 3 Whether TCAB failed to consider new evidence raised on appeal

Ratio Decidendi

TCAB's refusal to hold an oral hearing, coupled with making credibility findings unsupported by evidence and failing to consider new matters raised on appeal, amounted to procedural unfairness; certiorari was granted, TCAB's decision quashed and the appeal remitted for re-consideration by another Adjudicator with directions for expedition.

Court Disposition

Certiorari granted; TCAB decision quashed and remitted for re-consideration by another Adjudicator

Orders

  • Quash the TCAB decision (certiorari granted)
  • Remit the appeal to the TCAB for re-consideration by another Adjudicator