Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Case management and procedural compliance

Legal area

Court

12 Nov 2020

RE MOHAMMED IRSHAD

Citation

[2020] HKCA 906
Court

Court of Appeal
Case number

CACV210/2020

The appeal is dismissed because the applicant identified no error of law or relevant misdirection in the Deputy Judge's refusal to grant leave; the Board's adverse credibility finding and rejection of the non‑refoulement claim was a primary factual assessment the court will not disturb absent legal error; the applicant's procedural non‑compliance (failure to lodge skeleton) justified processing on paper.
3 Sept 2018

RE ISLAM RAFIQUL

Citation

[2018] HKCA 570
Court

Court of Appeal
Case number

CACV219/2018

The judge correctly refused leave because the applicant's grounds were largely vague or previously considered, the Director and Board's decisions were not Wednesbury unreasonable nor legally erroneous, credibility findings were open on the record, the applicant failed to produce fresh COI or particulars before the Board or court, and procedural non-compliance (failure to lodge skeleton arguments) justified processing on paper; therefore there were no realistic prospects of success and leave was rightly refused.