IQBAL MUHAMMAD AND OTHERS v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

IQBAL MUHAMMAD AND OTHERS 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's findings that the risk was low, that the dispute was private, and that state protection and internal relocation were available were supported by evidence; lack of legal representation for the minor did not reveal any unadvanced minor-specific grounds requiring relief.

Citation
[2024] HKCFI 130
Parties
1st Applicant: Iqbal Muhammad; 2nd Applicant: Nurul Haerani; 3rd Applicant: Iqbal Falen; 4th Applicant: Iqbal Minahil; 5th Applicant: Luisha; 6th Applicant: Muhammad Balach; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
9 January 2024
Case Number
HCAL314/2019
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application Refused at Leave Stage
Outcome
Leave to apply for judicial review refused
Legal Topics
Non Refoulement, Torture Claim, Leave to Apply for Judicial Review, Minor Representation, Internal Relocation, Procedural Fairness
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Non Refoulement Torture Claim Leave to Apply for Judicial Review Minor Representation +2 more

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Parties

Iqbal Muhammad

1st Applicant

Nurul Haerani

2nd Applicant

Iqbal Falen

3rd Applicant

Iqbal Minahil

4th Applicant

Luisha

5th Applicant

Muhammad Balach

6th Applicant

Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Application for Leave to Apply for Judicial Review / Leave Application Refused at Leave Stage

Legal Issues

  1. 1 Whether there was any reasonably arguable error of law, irrationality or procedural unfairness in the Board's or Director's decisions
  2. 2 Whether the lack of legal representation for the minor(s) made the process unfair or required quashing/remittal
  3. 3 Whether internal relocation or state protection in Pakistan or Indonesia negates non-refoulement risk

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's findings that the risk was low, that the dispute was private, and that state protection and internal relocation were available were supported by evidence; lack of legal representation for the minor did not reveal any unadvanced minor-specific grounds requiring relief.

Court Disposition

Leave to apply for judicial review refused

Orders

  • Leave for 1st, 2nd, 3rd, 4th, 5th and 6th Applicants to apply for judicial review refused