← All Authorities
Hong Kong Leading Case public authority dutiesarticle 39 iccpr incorporationbill of rights ordinance

GA v Director of Immigration (Torture Claim)

[2014] HKCFA 64
JurisdictionHong Kong
CourtHK Court of Final Appeal
Year2014
StatusBinding authority

Summary

The statutory non-refoulement screening mechanism must afford high standards of procedural fairness, including legal representation, interpretation, and adequate opportunity to present the claim.

Key Principle

The statutory screening mechanism for non-refoulement claims must provide high standards of fairness including legal representation, interpretation, and an adequate opportunity to present the case.

Area of Law

human-rights

Related Cases

Ubamaka v Secretary for Security (Non-Refoulement) [2012] HKCFA 87

Article 3 HKBOR provides absolute protection against torture and cruel treatment, barring removal of any person facing a real risk of such treatment from HK.

Secretary for Security v Sakthevel Prabakar (Asylum Procedure) [2004] HKCFA 33

High standards of procedural fairness and anxious scrutiny apply to torture claim assessments, requiring the decision-maker to provide adequate reasons.

Bloomberg LP v ZXC [2022] UKSC 5

A person under criminal investigation has a reasonable expectation of privacy in respect of that investigation; pre-charge publication is generally misuse of private information.

Ask CommonBench about this case

Get a detailed analysis of GA v Director of Immigration (Torture Claim) and how it applies to your situation.

Explain GA v Director of Immigration (...