RO\'YUN NACHIF AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

RO\'YUN NACHIF AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Leave refused because applicants failed to identify any reasonably arguable legal error, irrationality or procedural unfairness in the Director's or Board's decisions; the Board reasonably found the risk localized and negated by state protection and feasible internal relocation and gave adequate, separate consideration to the minor's claim such that absence of legal representation was only an irregularity not warranting leave.

Citation
[2023] HKCFI 2320
Parties
1st Applicant: Ro'yun Nachif; 2nd Applicant: Sajid Raza Ahmaad Hashmi; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
13 September 2023
Case Number
HCAL1253/2019
Procedural Posture
Judicial Review / Leave Application (refused)
Outcome
Leave to apply for judicial review refused
Legal Topics
Non Refoulement, Torture Risk, Internal Relocation, Leave to Apply for Judicial Review, Minor Representation
Source Language
EN
Immigration Constitutional Law Administrative Law Human Rights Non Refoulement Torture Risk Internal Relocation Leave to Apply for Judicial Review +1 more

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Parties

Ro'yun Nachif

1st Applicant

Sajid Raza Ahmaad Hashmi

2nd Applicant

Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Judicial Review / Leave Application (refused)

Legal Issues

  1. 1 Whether leave to apply for judicial review should be granted
  2. 2 Whether the Board or Director erred in law or acted irrationally in assessing risk of harm from a private actor
  3. 3 Whether state protection and internal relocation were reasonably available

Ratio Decidendi

Leave refused because applicants failed to identify any reasonably arguable legal error, irrationality or procedural unfairness in the Director's or Board's decisions; the Board reasonably found the risk localized and negated by state protection and feasible internal relocation and gave adequate, separate consideration to the minor's claim such that absence of legal representation was only an irregularity not warranting leave.

Court Disposition

Leave to apply for judicial review refused

Orders

  • Leave for the Applicants to apply for judicial review refused.