13 Mar 2019
MD IBRAHIM SHEIKH ALIAS MD IBRAHIM SHAKH v. THE ADJUDICATOR OF THE TORTURE CLAIMS APPEAL BOARD/NON-REFOULEMENT CLAIMS PETITION OFFICE AND ANOTHER [Decision on Leave Application]
- Citation
- [2019] HKCFI 587
- Court
- Court of First Instance
- Case number
- HCAL1589/2018
Leave for judicial review was refused because (1) the statutory scheme gives the Board primacy and accordingly the Director's decision is not vulnerable to judicial review once an appeal to the Board is pursued absent exceptional circumstances, and (2) the applicant failed to demonstrate any arguable ground or reasonable prospect of success on the Board's decision given his admissions, lack of supporting evidence and adverse credibility findings by the Adjudicator.