2 Jan 2025
Leave to apply for judicial review was correctly refused because the applicant failed to identify any error of law, procedural unfairness or irrationality in the Board's Decision and failed to demonstrate any realistic prospect of success; the court will not act as a rehearing of the Board's fact-finding role.
19 Apr 2024
Leave to apply for judicial review was dismissed because the applicant failed to identify any arguable legal error, procedural unfairness or irrationality in the Board's refusal to allow late filing under s37ZT or in the Director's substantive rejection of the non-refoulement claim; the Board properly applied the statutory test for late filing and the Director reasonably found low risk and viable internal relocation, so there was no prospect of success.
7 Mar 2024
Leave to apply for judicial review was refused because the applicants relied on the same facts already rejected, there was no significant change under s37ZO and no realistic prospect of success; a five‑year Restricted Proceedings Order was justified to prevent abuse of process by barring fresh non-refoulement proceedings without leave.
5 Jul 2023
The judge correctly refused leave because the applicant failed to show any realistic prospect of success: the Board's adverse credibility and risk findings were supported by reasons, there was no error of law or procedural unfairness (an interpreter was provided and the applicant had prior legal representation), and the Court should not re-open factual determinations absent legal error or procedural defect.
9 Dec 2019
The court refused to extend time and dismissed the leave application because the applicant had an unexplained substantial delay of over four months (ignorance of law unacceptable), the pleaded ground (failure to take account of corruption in COI) lacked particularity and was not reasonably arguable, and there was no legal error, procedural unfairness or irrationality in the Director's or Board's decisions which had permissibly found the risk localized with available state protection and reasonable internal relocation.