29 Aug 2022
ILUMUENI NZUZI ILOUS v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMNT CLAIMS PETITION OFFICE
- Citation
- [2022] HKCA 1294
- Court
- Court of Appeal
- Case number
- CACV179/2022
The Court of Appeal held the judge erred in refusing leave because the Board and judge unjustifiably treated the applicant, a civilian, as a 'fugitive from justice' without evidence that his contractual breach amounted to a criminal offence or lawful detention; the Board also failed properly to consider whether the officer who ordered the assault (Colonel K) acted as a state agent and failed adequately to consider COI. Those defects meant the intended judicial review on Grounds 2(b) and 2(c) was reasonably arguable and leave to apply for judicial review was granted with specific directions.