Z v. TORTURE CLAIMS APPEAL BOARD AND ANOTHER [Decision on Leave Application]

Z v. TORTURE CLAIMS APPEAL BOARD AND ANOTHER [Decision on Leave Application]

Leave to apply for judicial review was granted because it was reasonably arguable that the Board erred in law by failing to give adequate reasons and by not properly considering the documentary materials before it when dismissing the appeal for want of oral evidence, such that the decision warranted judicial scrutiny (following principles in Re Hidayah).

Citation
[2019] HKCFI 92
Parties
Applicant: Z; 1st Respondent: Torture Claims Appeal Board; 2nd Respondent: P.K.M. Longley qua Adjudicator of the Non-Refoulement Claims Petition Office; Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
9 January 2019
Case Number
HCAL891/2017
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Granted to Apply for Judicial Review
Outcome
Leave to apply for judicial review granted
Legal Topics
Non Refoulement, Torture Risk, Credibility Assessment, Reasons for Decision, Procedural Fairness
Source Language
EN
Administrative Law Constitutional Law Immigration Law Human Rights Law Non Refoulement Torture Risk Credibility Assessment Reasons for Decision +1 more

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Parties

Z

Applicant

Torture Claims Appeal Board

1st Respondent

P.K.M. Longley qua Adjudicator of the Non-Refoulement Claims Petition Office

2nd Respondent

Director of Immigration

Interested Party

Procedural Posture

Application for Leave to Apply for Judicial Review / Leave Granted to Apply for Judicial Review

Legal Issues

  1. 1 Whether the adjudicator erred in law by dismissing the appeal for lack of oral evidence without considering the documentary materials before the Board
  2. 2 Whether the adjudicator failed to give adequate reasons for dismissing the appeal
  3. 3 Whether the Board misapplied principles for assessing credibility of a non-refoulement claimant

Ratio Decidendi

Leave to apply for judicial review was granted because it was reasonably arguable that the Board erred in law by failing to give adequate reasons and by not properly considering the documentary materials before it when dismissing the appeal for want of oral evidence, such that the decision warranted judicial scrutiny (following principles in Re Hidayah).

Court Disposition

Leave to apply for judicial review granted

Orders

  • Leave to the applicant to apply for judicial review of the Torture Claims Appeal Board decision dated 3 November 2017 granted on grounds of illegality: (a) error of law/misdirection in law in that the adjudicator failed to consider materials and evidence before him notwithstanding the applicant did not give oral...
  • Costs to be in the cause