Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

State acquiescence (extended)

Legal area

Court

24 Sept 2018

RE MOJUMDER SONJOY

Citation

[2018] HKCA 634
Court

Court of Appeal
Case number

CACV235/2018

Leave to apply for judicial review was correctly refused because the applicant failed to demonstrate a reasonably arguable case: the Board's adverse credibility finding was entitled and not Wednesbury unreasonable, the Director's single procedural error in not reconsidering torture risk was cured by the Adjudicator's reconsideration, no error of law or procedural unfairness remained and there were no realistic prospects of success on judicial review.
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.