AKTER LABONI v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

AKTER LABONI v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Leave refused because the Applicant failed to identify any reasonably arguable error of law, irrationality or procedural unfairness in the Board's detailed adverse credibility findings; the Board's and Director's assessments that the risk was low and internal relocation feasible are supported by evidence and therefore dispositive.

Citation
[2022] HKCFI 1392
Parties
Applicant: Akter Laboni; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
17 May 2022
Case Number
HCAL365/2019
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 (part VIIC Immigration Ordinance), HKBOR Articles 2 and 3, Credibility Assessment, Internal Relocation, Judicial Review Leave Test, Procedural Fairness, Country of Origin Information
Source Language
EN
Constitutional and Administrative Law Immigration Law Human Rights Law Refugee and Asylum Law Non Refoulement Torture Risk (part VIIC Immigration Ordinance) HKBOR Articles 2 and 3 Credibility Assessment +4 more

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Parties

Akter Laboni

Applicant

Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

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

Legal Issues

  1. 1 Whether there was a reasonably arguable error of law, irrationality or procedural unfairness in the Board's decision
  2. 2 Whether the Applicant faces a real risk of torture or violation of non-derogable rights on return to Bangladesh
  3. 3 Whether internal relocation in Bangladesh is a viable alternative negating non-refoulement

Ratio Decidendi

Leave refused because the Applicant failed to identify any reasonably arguable error of law, irrationality or procedural unfairness in the Board's detailed adverse credibility findings; the Board's and Director's assessments that the risk was low and internal relocation feasible are supported by evidence and therefore dispositive.

Court Disposition

Leave to apply for judicial review refused.

Orders

  • Leave to apply for judicial review refused.