23 Jul 2018
RE MOHAMMAD PALASH
- Citation
- [2018] HKCA 417
- Court
- Court of Appeal
- Case number
- CACV297/2017
The Court of Appeal allowed the appeal and granted leave to apply for judicial review because, on the material before the Deputy Judge and the Board, it was reasonably arguable that the applicant could establish a flagrant denial of justice arising from a foreign conviction in absentia without an effective right to obtain a fresh determination; given the applicant's lack of means to obtain expert evidence on Bangladeshi law, the Director and Board should have taken a more proactive approach to obtain that evidence before deciding the claims, so leave to seek substantive judicial review was ju…