AHAMMED RONY v. TORTURE CLAIMS APPEAL BOARD AND ANOTHER [Decision on Leave Application]

AHAMMED RONY v. TORTURE CLAIMS APPEAL BOARD AND ANOTHER [Decision on Leave Application]

The applicant's grounds were vague and lack particularity; the Board's adverse credibility findings following oral hearing and COI analysis were justified; there was no identifiable legal error, procedural unfairness or irrationality in the Director's or Board's decisions; internal relocation and state protection rendered the risk low; therefore there was no reasonably arguable judicial review and leave is refused.

Citation
[2020] HKCFI 1046
Parties
Applicant: Ahammed Rony; 1st Putative Respondent: Torture Claims Appeal Board; 2nd Putative Respondent: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
8 June 2020
Case Number
HCAL1528/2018
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application Refused
Outcome
Leave to apply for judicial review refused
Legal Topics
Non Refoulement, Torture Risk, Credibility Assessment, Country of Origin Information (coi), Internal Relocation, Procedural Fairness, Judicial Review Leave Stage
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Refugee Law Non Refoulement Torture Risk Credibility Assessment +4 more

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Parties

Ahammed Rony

Applicant

Torture Claims Appeal Board

1st Putative Respondent

Director of Immigration

2nd Putative Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether leave to apply for judicial review should be granted
  2. 2 Whether the Director and the Board erred in law or acted with procedural unfairness in assessing non-refoulement/torture risk
  3. 3 Whether the decision‑makers failed to consider extended state acquiescence

Ratio Decidendi

The applicant's grounds were vague and lack particularity; the Board's adverse credibility findings following oral hearing and COI analysis were justified; there was no identifiable legal error, procedural unfairness or irrationality in the Director's or Board's decisions; internal relocation and state protection rendered the risk low; therefore there was no reasonably arguable judicial review and leave is refused.

Court Disposition

Leave to apply for judicial review refused

Orders

  • Leave to apply for judicial review refused