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Alam Mahtab v Torture Claims Appeal Board / Non Refoulement Claims Petition Office

Judgment Cited authorities 1 Cited in Precedent Map Related
Vincent
Judgment Date30 May 2019
Neutral Citation[2019] HKCA 594
Year2019
Judgement NumberCACV487/2018
Subject MatterCivil Appeal
CourtCourt of Appeal (Hong Kong)
CACV487A/2018 ALAM MAHTAB v. TORTURE CLAIMS APPEAL BOARD / NON REFOULEMENT CLAIMS PETITION OFFICE

CACV 487/2018

[2019] HKCA 594

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 487 OF 2018

(ON APPEAL FROM HCAL NO 366 OF 2018)

_______________

BETWEEN
ALAM MAHTAB Applicant
and
TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE Putative Respondent
and
DIRECTOR OF IMMIGRATION Putative Interested Party

_______________

Before: Hon Barma, Poon and Au JJA in Court
Date of Written Submissions: 25 March 2019
Date of Judgment: 30 May 2019

____________________

J U D G M E N T

____________________

Hon Poon JA (giving the Judgment of the Court) :

1. By a judgment dated 18 January 2019 ([2019] HKCA 231), this Court (Hon Barma, Poon and Au JJA) dismissed the applicant’s appeal against the decision of Campbell-Moffat J dated 26 September 2018 refusing to grant leave to him to apply for judicial review. The intended judicial review was against the decision of the Board dated 22 February 2018. The applicant now seeks leave to appeal to the Court of Final Appeal.

2. The facts and issues in the appeal, as well as the Court’s reasons for dismissing it, are set out in the judgment. We will not repeat them here.

3. By a notice of motion dated 12 March 2019, the applicant applied for leave to appeal against our judgment to the Court of Final Appeal.

4. In the Notice of Motion, the applicant set out the following grounds :

“ I would like to inform court, there is some error in law in my decision. Decision maker just relied on col (COI) information and previous facts which were favour on rejected my claim. Actual life occur different situation then mentioned col (COI) information. Officer and courts prefers to ignore the overwhelming of the evidence of the violence towards minorities searching for unrealistic silver lining. The decision is betray a bias and formula approach unlikely fairly access the danger of my life and clearly calculate to reject my claim.”

5. In compliance with the direction given by Master Au-Yeung on 13 March 2019, the applicant lodged his written submission on 25 March 2019. In his written submissions, the applicant reiterated that it would not be safe for him to return to his...

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