MAHMOOD KHALID AND ANOTEHR v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

MAHMOOD KHALID AND ANOTEHR 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 and Board's decisions; the Board's adverse credibility findings, assessment of low risk, and conclusion that internal relocation was available were properly reached and supported by the evidence, and the child's claim had been separately and adequately considered so there was no prospect of success.

Citation
[2024] HKCFI 1661
Parties
1st Applicant: Mahmood Khalid; 2nd Applicant: Mahmood Arsala; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
25 June 2024
Case Number
HCAL662/2022
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Stage Application Refused
Outcome
Leave refused
Legal Topics
Non Refoulement, Torture Risk, Credibility Assessment, Internal Relocation, Minor Specific Claims, Procedural Fairness, Leave to Apply for Judicial Review
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Judicial Review Non Refoulement Torture Risk Credibility Assessment +4 more

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Parties

Mahmood Khalid

1st Applicant

Mahmood Arsala

2nd Applicant

Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

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

Legal Issues

  1. 1 Whether there is a reasonably arguable error of law, irrationality or procedural unfairness in the Board's decision
  2. 2 Whether the applicants face real risk of torture, persecution or violation of non-derogable rights on return to Pakistan
  3. 3 Whether internal relocation in Pakistan is a viable alternative

Ratio Decidendi

Leave refused because applicants failed to identify any reasonably arguable legal error, irrationality or procedural unfairness in the Director's and Board's decisions; the Board's adverse credibility findings, assessment of low risk, and conclusion that internal relocation was available were properly reached and supported by the evidence, and the child's claim had been separately and adequately considered so there was no prospect of success.

Court Disposition

Leave refused

Orders

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