AKHTAR HASSAN v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

AKHTAR HASSAN v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

Leave refused because the Director rationally concluded the risk was localized and low, state protection and reasonable internal relocation were available, the applicant failed to supply or translate material to alter that assessment, and there was no error of law or procedural unfairness rendering the intended...

Source-derived case information.

Citation
[2018] HKCFI 2175
Parties
Applicant: Akhtar Hassan; Putative Respondent: Director of Immigration; Putative Interested Party: Torture Claims Appeal Board / Non-Refoulement Claims Petition Office
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
5 October 2018
Case Number
HCAL107/2017
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, BOR Article 3 (cruel, Inhuman or Degrading Treatment), BOR Article 2 (right to Life), Internal Relocation, Judicial Review Leave, Procedural Fairness
Source Language
en
Constitutional Law Administrative Law Immigration Law Human Rights Non Refoulement Torture Risk BOR Article 3 (cruel, Inhuman or Degrading Treatment) BOR Article 2 (right to Life) +3 more

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Parties

Akhtar Hassan

Applicant

Director of Immigration

Putative Respondent

Torture Claims Appeal Board / Non-Refoulement Claims Petition Office

Putative Interested Party

Procedural Posture

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

Legal Issues

  1. 1 Whether applicant faces a real risk of torture if returned to Pakistan
  2. 2 Whether applicant faces a real risk of persecution engaging non-refoulement under Article 33 Refugee Convention
  3. 3 Whether state protection or reasonable internal relocation is available in Pakistan

Ratio Decidendi

Leave refused because the Director rationally concluded the risk was localized and low, state protection and reasonable internal relocation were available, the applicant failed to supply or translate material to alter that assessment, and there was no error of law or procedural unfairness rendering the intended judicial review without realistic prospect of success.

Court Disposition

Leave to apply for judicial review refused

Orders

  • Leave to apply for judicial review refused