3 Jun 2021
AKBAR MD FAISHAL v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]
- Citation
- [2021] HKCFI 1590
- Court
- Court of First Instance
- Case number
- HCAL376/2018
The second application for leave was struck out and dismissed because it sought to re-litigate the same Board decision after a prior leave refusal and a refused out-of-time appeal, constituting abuse of process/res judicata, and because no arguable error of law or procedural unfairness was shown—the Director and Board lawfully and reasonably rejected the claimant's non-refoulement claims based on credibility findings, availability of state protection and feasible internal relocation supported by COI.