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

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

Leave was refused because the applicant failed to show any realistic prospect of success: the Board's adverse credibility findings and conclusion that key evidence was fabricated were supported by the record, the applicant did not discharge the burden to establish lack of state protection or real risk, and no error...

Source-derived case information.

Citation
[2020] HKCFI 1098
Parties
Applicant: Ahmad Bilal; Putative Respondent: Torture Claims Appeal Board/Non-refoulement Claims Petition Office; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
9 June 2020
Case Number
HCAL1686/2018
Procedural Posture
Judicial Review Leave Application / Application for Leave to Apply for Judicial Review (refused)
Outcome
Leave to apply for judicial review refused; application dismissed
Legal Topics
Non Refoulement, Torture Risk (part VIIC Immigration Ordinance), Hong Kong Bill of Rights (article 2 and Article 3 Risks), Burden of Proof, Credibility and Evaluation of Evidence, Internal Relocation
Source Language
en
Constitutional Law Administrative Law Immigration Law Human Rights Refugee Law Non Refoulement Torture Risk (part VIIC Immigration Ordinance) Hong Kong Bill of Rights (article 2 and Article 3 Risks) +3 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

Ahmad Bilal

Applicant

Torture Claims Appeal Board/Non-refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Judicial Review Leave Application / Application for Leave to Apply for Judicial Review (refused)

Legal Issues

  1. 1 Whether the Board erred in evaluating the applicant's evidence and credibility
  2. 2 Whether state protection and internal relocation were available to the applicant
  3. 3 Whether the applicant discharged the burden to show a real risk of torture, violation of right to life or persecution on return

Ratio Decidendi

Leave was refused because the applicant failed to show any realistic prospect of success: the Board's adverse credibility findings and conclusion that key evidence was fabricated were supported by the record, the applicant did not discharge the burden to establish lack of state protection or real risk, and no error of law was made by the Board or Director.

Court Disposition

Leave to apply for judicial review refused; application dismissed

Orders

  • Leave to apply for judicial review refused
  • Application dismissed