ACHBBOUKH JAMAL v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

ACHBBOUKH JAMAL v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

The leave application was dismissed because it was substantially out of time with no good reason for the delay and the intended challenge had no realistic prospect of success: the Director's and Board's decisions showed no legal error, irrationality or procedural unfairness, the claim lacked reliable evidence, the...

Source-derived case information.

Citation
[2021] HKCFI 2856
Parties
Applicant: Achbboukh Jamal; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
23 September 2021
Case Number
HCAL1101/2020
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application (dismissed)
Outcome
Application for leave to apply for judicial review dismissed
Legal Topics
Non Refoulement, Leave to Apply for Judicial Review, Delay and Extension of Time, Procedural Fairness, Country of Origin Information, Internal Relocation
Source Language
en
Constitutional Law Administrative Law Immigration Law Human Rights Law Asylum and Refugee Law Non Refoulement Leave to Apply for Judicial Review Delay and Extension of Time +3 more

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Summary, issues, holding and outcome

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Parties

Achbboukh Jamal

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 (dismissed)

Legal Issues

  1. 1 Whether the out-of-time leave application should be granted an extension of time
  2. 2 Whether the Board and Director committed error of law, procedural unfairness or irrationality in rejecting the non-refoulement claim
  3. 3 Whether the applicant established a well-founded fear of persecution or torture related to alleged homosexuality

Ratio Decidendi

The leave application was dismissed because it was substantially out of time with no good reason for the delay and the intended challenge had no realistic prospect of success: the Director's and Board's decisions showed no legal error, irrationality or procedural unfairness, the claim lacked reliable evidence, the assessed risk was low and internal relocation in Morocco was viable; the applicant also confirmed his wish to withdraw and return to Morocco.

Court Disposition

Application for leave to apply for judicial review dismissed

Orders

  • Leave application dismissed