AHMED TANVEER v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

AHMED TANVEER v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Leave was refused because the applicant failed to identify any reasonably arguable legal error or procedural unfairness; the Board's adverse credibility finding was rational and supported by the evidence; the Director and Board properly applied the law including consideration of internal relocation, therefore there...

Source-derived case information.

Citation
[2020] HKCFI 2007
Parties
Applicant: Ahmed Tanveer; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
17 August 2020
Case Number
HCAL581/2018
Procedural Posture
Judicial Review (non Refoulement) / Application for Leave to Apply for Judicial Review (refused)
Outcome
leave to apply for judicial review refused
Legal Topics
Non Refoulement, Torture Risk, Credibility Findings, Internal Relocation, Procedural Fairness, Leave to Apply for Judicial Review, Screening and Appeal Process
Source Language
en
Constitutional Law Administrative Law Immigration Law Human Rights Law Non Refoulement Torture Risk Credibility Findings Internal Relocation +3 more

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Parties

Ahmed Tanveer

Applicant

Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

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

Legal Issues

  1. 1 Whether leave to apply for judicial review should be granted
  2. 2 Whether the Board committed legal error or procedural unfairness in rejecting the non-refoulement claim
  3. 3 Whether the applicant faces a real risk of torture or breach of HKBOR Articles 2 or 3

Ratio Decidendi

Leave was refused because the applicant failed to identify any reasonably arguable legal error or procedural unfairness; the Board's adverse credibility finding was rational and supported by the evidence; the Director and Board properly applied the law including consideration of internal relocation, therefore there was no prospect of success for judicial review.

Court Disposition

leave to apply for judicial review refused

Orders

  • Leave to apply for judicial review refused