51 lines
2.7 KiB
YAML
51 lines
2.7 KiB
YAML
plaintiff:
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- AKTHER MOSAMMAT FATEMA
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defendant:
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- TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE
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- THE DIRECTOR OF IMMIGRATION
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case_reason: >
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Application for leave to appeal to the Court of Final Appeal concerning a non-refoulement claim.
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The applicant's appeal was dismissed by the Court of Appeal on 28 May 2020, and she subsequently
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sought leave to appeal to the Court of Final Appeal, arguing that the assessor did not properly
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consider her fear of returning to her country of origin due to political disputes and that the
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assessment lacked proper inquiry about country conditions under BOR 3 risk.
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judgment_summary: >
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The Court of Appeal dismissed the applicant's Notice of Motion for leave to appeal to the Court
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of Final Appeal. The applicant had previously appealed from DHCJ K.W. Lung's order refusing her
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application for leave to apply for judicial review concerning her non-refoulement claim, which
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was dismissed on 28 May 2020. In her motion, the applicant repeated arguments already assessed
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by the lower court and the Court of Appeal without addressing the court's reasoning. The court
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found no question of great general or public importance under section 22(1)(b) of the Hong Kong
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Court of Final Appeal Ordinance (Cap. 484), nor any basis for granting leave under the "or
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otherwise" limb. The motion dated 9 June 2020 was dismissed.
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jurisdiction_code: >
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HKCA
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jurisdiction_name: >
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Court of Appeal of the High Court of the Hong Kong Special Administrative Region
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case_location:
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- Hong Kong Special Administrative Region
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case_object:
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- Non-refoulement claim
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- Application for leave to appeal
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- Judicial review application
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judgment_result:
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- allegation_content: Application for leave to appeal to the Court of Final Appeal concerning non-refoulement claim
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established: N
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involved_entities:
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- name: DHCJ K.W. Lung
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state_reasons: Judge who gave the order on 16 September 2019 refusing the applicant's application for leave to apply for judicial review
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- name: Hon Yuen JA
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state_reasons: Justice of Appeal who gave the judgment of the Court
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- name: Thomas Au JA
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state_reasons: Justice of Appeal hearing the case
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- name: Lisa Wong J
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state_reasons: Judge of the Court of First Instance hearing the case
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- name: Registrar of Civil Appeals
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state_reasons: Directed the applicant to lodge written submissions and determined the motion should be decided on paper
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- name: Court of Final Appeal
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state_reasons: The court to which the applicant sought leave to appeal
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- name: Torture Claims Appeal Board
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state_reasons: First putative respondent in the original judicial review application
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- name: Non-Refoulement Claims Petition Office
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state_reasons: First putative respondent in the original judicial review application
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