AFZAL MUHAMMAD v. TORTURE CLAIMS APPEAL BOARD/ NON-REFOULEMENT CLAIMS PETITION OFFICE AND ANOTHER [Decision on Leave Application]

AFZAL MUHAMMAD v. TORTURE CLAIMS APPEAL BOARD/ NON-REFOULEMENT CLAIMS PETITION OFFICE AND ANOTHER [Decision on Leave Application]

Leave was refused because the applicant failed to identify exceptional circumstances to permit judicial review of the Director's decision where a statutory appeal to the Board had been pursued and determined, and because the applicant lacked a reasonable prospect of success given the Adjudicator's adverse credibility findings and the Director's proper consideration of relevant Country of Origin Information and protection issues.

Citation
[2019] HKCFI 955
Parties
Applicant: Afzal Muhammad; 1st Putative Respondent: Torture Claims Appeal Board / Non-refoulement Claims Petition Office; 2nd Putative Respondent: The Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
16 April 2019
Case Number
HCAL1323/2018
Procedural Posture
Application for Leave to Apply for Judicial Review / Decision on Application for Leave (order 53 R.3)
Outcome
Leave refused; application dismissed.
Legal Topics
Non Refoulement, Torture/cidtp Risk, Judicial Review, Credibility Findings, Bias and Procedural Fairness, Country of Origin Information
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Refugee Law Non Refoulement Torture/cidtp Risk Judicial Review +3 more

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Parties

Afzal Muhammad

Applicant

Torture Claims Appeal Board / Non-refoulement Claims Petition Office

1st Putative Respondent

The Director of Immigration

2nd Putative Respondent

Procedural Posture

Application for Leave to Apply for Judicial Review / Decision on Application for Leave (order 53 R.3)

Legal Issues

  1. 1 Whether applicant may seek judicial review of Director of Immigration's decision when an appeal to the Torture Claims Appeal Board is available
  2. 2 Whether exceptional circumstances exist to justify bypassing the statutory appeal process
  3. 3 Whether the Board and Director properly considered Country of Origin Information and police protection in Pakistan

Ratio Decidendi

Leave was refused because the applicant failed to identify exceptional circumstances to permit judicial review of the Director's decision where a statutory appeal to the Board had been pursued and determined, and because the applicant lacked a reasonable prospect of success given the Adjudicator's adverse credibility findings and the Director's proper consideration of relevant Country of Origin Information and protection issues.

Court Disposition

Leave refused; application dismissed.

Orders

  • Refuse the application for leave to apply for judicial review of the Director of Immigration's decision
  • Dismiss the applicant's application for leave for judicial review