ISLAM MANIRUL AND OTHERS v. TORTURE CLAIMS APPEAL BOARD/NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

ISLAM MANIRUL AND OTHERS v. TORTURE CLAIMS APPEAL BOARD/NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Leave to apply for judicial review was refused because the applicants failed to demonstrate any arguable or reasonable prospect of success; the Boards factual findings and evaluation of evidence were not shown to be erroneous or unreasonable and issues raised were matters for the Board and Director, not for the court to re-decide.

Citation
[2020] HKCFI 1464
Parties
1st Applicant: Islam Manirul; 2nd Applicant: Sultana Miss Zakia; 3rd Applicant: Hasan Saimon; Putative Respondent: Torture Claims Appeal Board/Non-refoulement Claims Petition Office; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
9 July 2020
Case Number
HCAL1810/2018
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Stage — Decision on Application for Leave
Outcome
Leave to apply for judicial review refused
Legal Topics
Non Refoulement, Torture/cidtp, State Protection, Internal Relocation, Leave to Apply for Judicial Review, Standard of Review, Evaluation of Evidence, Burden of Proof
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Refugee and Asylum Law Non Refoulement Torture/cidtp State Protection +5 more

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Parties

Islam Manirul

1st Applicant

Sultana Miss Zakia

2nd Applicant

Hasan Saimon

3rd Applicant

Torture Claims Appeal Board/Non-refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Application for Leave to Apply for Judicial Review / Leave Stage — Decision on Application for Leave

Legal Issues

  1. 1 Whether the applicants have a reasonable prospect of success to justify granting leave to apply for judicial review
  2. 2 Whether the Board made any reviewable error in its fact-finding or evaluation of evidence
  3. 3 Whether state protection and internal relocation were reasonably available to the applicants

Ratio Decidendi

Leave to apply for judicial review was refused because the applicants failed to demonstrate any arguable or reasonable prospect of success; the Boards factual findings and evaluation of evidence were not shown to be erroneous or unreasonable and issues raised were matters for the Board and Director, not for the court to re-decide.

Court Disposition

Leave to apply for judicial review refused

Orders

  • Leave to apply for judicial review refused
  • Application dismissed