ADNAN HAIDER v. TORTURE CLAIMS APPEAL BOARD/ NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

ADNAN HAIDER v. TORTURE CLAIMS APPEAL BOARD/ NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Leave to apply for judicial review was refused because the applicant failed to show any reasonable prospect of success; the Board's factual findings and assessments regarding risk, state protection and internal relocation were within its province and no error of law, procedural unfairness or irrationality was...

Source-derived case information.

Citation
[2020] HKCFI 193
Parties
Applicant: Adnan Haider; Putative Respondent: Torture Claims Appeal Board/Non-refoulement Claims Petition Office
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
15 January 2020
Case Number
HCAL1614/2018
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application Refused
Outcome
Leave to apply for judicial review refused; application dismissed.
Legal Topics
Non Refoulement, Torture Claim, Internal Relocation, State Protection, Judicial Review, Procedural Fairness
Source Language
en
Administrative Law Immigration Law Human Rights Law Non Refoulement Torture Claim Internal Relocation State Protection Judicial Review +1 more

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Parties

Adnan Haider

Applicant

Torture Claims Appeal Board/Non-refoulement Claims Petition Office

Putative Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the Board erred in law or committed procedural unfairness or irrationality in rejecting the non-refoulement claim
  2. 2 Whether there were substantial grounds to believe the applicant faced real risk of torture or persecution on return
  3. 3 Whether state protection and internal relocation were viable options

Ratio Decidendi

Leave to apply for judicial review was refused because the applicant failed to show any reasonable prospect of success; the Board's factual findings and assessments regarding risk, state protection and internal relocation were within its province and no error of law, procedural unfairness or irrationality was demonstrated.

Court Disposition

Leave to apply for judicial review refused; application dismissed.

Orders

  • Leave to apply for judicial review refused
  • Application dismissed