AHAMMED MD ROBIN v. FRASER SYME, ESQ. [Decision on Leave Application]

AHAMMED MD ROBIN v. FRASER SYME, ESQ. [Decision on Leave Application]

The adjudicator validly rejected the applicant's evidence as not credible on specific material inconsistencies and unreliable documents; having found the applicant not a genuine claimant the adjudicator was not required to consider COI or state protection and there was no error of law or procedural unfairness; the application for leave had no realistic prospect of success and was refused.

Citation
[2018] HKCFI 101
Parties
Applicant: Ahammed Md Robin; Putative Respondent: Director of Immigration; Putative Interested Party: Department of Justice
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
26 January 2018
Case Number
HCAL379/2017
Procedural Posture
Judicial Review Application for Leave / Decision on Leave Application (refusal Under Order 53 R.3)
Outcome
Leave to apply for judicial review refused
Legal Topics
Non Refoulement, Torture/cat Risk, Persecution/refugee Status, Credibility Assessment, Procedural Fairness, Wednesbury Unreasonableness, State Protection/coi
Source Language
EN
Immigration Asylum Constitutional and Administrative Law Human Rights Non Refoulement Torture/cat Risk Persecution/refugee Status Credibility Assessment +3 more

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Parties

Ahammed Md Robin

Applicant

Director of Immigration

Putative Respondent

Department of Justice

Putative Interested Party

Procedural Posture

Judicial Review Application for Leave / Decision on Leave Application (refusal Under Order 53 R.3)

Legal Issues

  1. 1 Whether the adjudicator erred in law in rejecting the non-refoulement and torture/CIDTP/Article 2/Article 3 claims
  2. 2 Whether the adjudicator failed to consider relevant country of origin information or state protection
  3. 3 Whether procedural fairness was breached (insufficient time, interpreter, duty counsel performance)

Ratio Decidendi

The adjudicator validly rejected the applicant's evidence as not credible on specific material inconsistencies and unreliable documents; having found the applicant not a genuine claimant the adjudicator was not required to consider COI or state protection and there was no error of law or procedural unfairness; the application for leave had no realistic prospect of success and was refused.

Court Disposition

Leave to apply for judicial review refused

Orders

  • Leave to apply for judicial review refused
  • Notification of the decision sent to parties on 26/1/2018