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

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

Leave to apply for judicial review was refused because the applicant failed to demonstrate exceptional circumstances to challenge the Director's decision and failed to show any factual basis for non-refoulement after the Board expressly found his account fabricated; therefore the application had no reasonable chance of success.

Citation
[2020] HKCFI 74
Parties
Applicant: Ahmad Raza; 1st Putative Respondent: Torture Claims Appeal Board / Non-refoulement Claims Petition Office; 2nd Putative Respondent: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
3 January 2020
Case Number
HCAL908/2018
Procedural Posture
Application for Leave to Apply for Judicial Review / Decision on Application for Leave (notification of Judge's Decision)
Outcome
Application for leave to apply for judicial review refused and application dismissed.
Legal Topics
Non Refoulement, Torture, Leave to Apply for Judicial Review, Credibility Findings, Procedure — Setting Aside Ex Parte Order, Appeal Jurisdiction
Source Language
EN
Administrative Law Immigration Law Constitutional Law Human Rights Law Non Refoulement Torture Leave to Apply for Judicial Review Credibility Findings +2 more

Case Brief

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 7 Party arguments 2
Sign in to unlock

Parties

Ahmad Raza

Applicant

Torture Claims Appeal Board / Non-refoulement Claims Petition Office

1st Putative Respondent

Director of Immigration

2nd Putative Respondent

Procedural Posture

Application for Leave to Apply for Judicial Review / Decision on Application for Leave (notification of Judge's Decision)

Legal Issues

  1. 1 Whether applicant may seek judicial review of the Director's decision absent exceptional circumstances
  2. 2 Whether applicant demonstrated an arguable risk of torture/CIDTP or other non-refoulement grounds
  3. 3 Whether the Board's adverse credibility finding removes any factual basis for judicial review

Ratio Decidendi

Leave to apply for judicial review was refused because the applicant failed to demonstrate exceptional circumstances to challenge the Director's decision and failed to show any factual basis for non-refoulement after the Board expressly found his account fabricated; therefore the application had no reasonable chance of success.

Court Disposition

Application for leave to apply for judicial review refused and application dismissed.

Orders

  • Order dated 22 November 2018 dismissing the application for want of prosecution set aside
  • Leave to apply for judicial review refused