ABBAS SYED MANZAR v. THE DIRECTOR OF IMMIGRATION AND ANOTHER [Decision on Leave Application]

ABBAS SYED MANZAR v. THE DIRECTOR OF IMMIGRATION AND ANOTHER [Decision on Leave Application]

Leave to apply for judicial review was refused because the applicant failed to establish exceptional circumstances to challenge the Director's decision directly and the Board's adverse credibility findings left no arguable case with a reasonable prospect of success.

Source-derived case information.

Citation
[2019] HKCFI 340
Parties
Applicant: Abbas Syed Manzar; 1st Putative Respondent: The Director of Immigration; 2nd Putative Respondent: The Adjudicator of the Non-refoulement Claims Petition Office
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
15 February 2019
Case Number
HCAL1092/2018
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application Considered Under Order 53 R.3; Leave Refused
Outcome
Leave to apply for judicial review refused; application dismissed.
Legal Topics
Non Refoulement, Torture, Refugee Status, Judicial Review, Leave to Apply, Credibility Assessment, Country of Origin Information
Source Language
en
Immigration Law Constitutional Law Administrative Law Human Rights Law Non Refoulement Torture Refugee Status Judicial Review +3 more

Source-derived case record

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Parties

Abbas Syed Manzar

Applicant

The Director of Immigration

1st Putative Respondent

The Adjudicator of the Non-refoulement Claims Petition Office

2nd Putative Respondent

Procedural Posture

Application for Leave to Apply for Judicial Review / Leave Application Considered Under Order 53 R.3; Leave Refused

Legal Issues

  1. 1 Whether applicant may seek judicial review of the Director's decision without exceptional circumstances
  2. 2 Whether the Director and the Board erred in assessing credibility and COI
  3. 3 Whether the Director failed to consider state acquiescence

Ratio Decidendi

Leave to apply for judicial review was refused because the applicant failed to establish exceptional circumstances to challenge the Director's decision directly and the Board's adverse credibility findings left no arguable case with a reasonable prospect of success.

Court Disposition

Leave to apply for judicial review refused; application dismissed.

Orders

  • Refusal of leave to apply for judicial review
  • Dismissal of the applicant's application