Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Procedural fairness and duty to inquire

Legal area

Court

19 Sept 2016

NS v. DIRECTOR OF IMMIGRATION AND ANOTHER

Citation

NS v. DIRECTOR OF IMMIGRATION AND ANOTHER
Court

Court of First Instance
Case number

HCAL26/2016

Leave was refused because the DOI and Adjudicator applied the correct legal tests, adequately considered COI and state protection, and made rational and adequately reasoned adverse credibility findings which disposed of the claim; the intended grounds of review were not reasonably arguable.
31 Aug 2016

RE LK

Citation

RE LK
Court

Court of First Instance
Case number

HCAL43/2015

The judge refused leave because the applicant's case was not reasonably arguable: the Director and Adjudicator properly considered extended state acquiescence and country information, reasonably found the applicant not credible, concluded the injuries and threats did not meet the legal threshold of torture or BOR 3, and correctly held that state protection and internal relocation were viable; there was no realistic prospect of success and no procedural unfairness requiring relief.