Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Reopening of claim
  • 20 Dec 2018

    RE MUSAFAQOH

    Citation
    [2018] HKCA 962
    Court
    Court of Appeal
    Case number
    CACV335/2018

    Because the applicant failed to return the completed torture/non-refoulement claim form within the statutory period and did not provide sufficient evidence that circumstances beyond her control prevented compliance, the Director and the Board were entitled to treat the claim as withdrawn and to refuse to reopen it; their decisions were not Wednesbury unreasonable, involved no error of law and were procedurally fair, hence leave to apply for judicial review was properly refused.