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

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

Leave was refused because the applicant's grounds were broad, vague and lacked particulars such that none were reasonably arguable; the Director and the Board lawfully and reasonably assessed the claim (finding low/localized risk, availability of state protection and reasonable internal relocation); no legal error,...

Source-derived case information.

Citation
[2020] HKCFI 1556
Parties
Applicant: Akter Ruksana; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: The Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
28 July 2020
Case Number
HCAL1475/2018
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Stage Decision on Leave (refused)
Outcome
Leave to apply for judicial review refused
Legal Topics
Non Refoulement, Torture Risk (part Viic), Procedural Fairness, Internal Relocation, Judicial Review Leave, Screening and Appeal Process
Source Language
en
Constitutional Law Administrative Law Immigration Law Human Rights Law Non Refoulement Torture Risk (part Viic) Procedural Fairness Internal Relocation +2 more

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Parties

Akter Ruksana

Applicant

Torture Claims Appeal Board

Putative Respondent

The Director of Immigration

Putative Interested Party

Procedural Posture

Application for Leave to Apply for Judicial Review / Leave Stage Decision on Leave (refused)

Legal Issues

  1. 1 Whether the Board unlawfully fettered its discretion or acted procedurally unfairly
  2. 2 Whether the Board and Director erred in risk assessment concerning torture/BOR 2/BOR 3/persecution
  3. 3 Whether the late provision of the hearing bundle and language issues caused unfairness

Ratio Decidendi

Leave was refused because the applicant's grounds were broad, vague and lacked particulars such that none were reasonably arguable; the Director and the Board lawfully and reasonably assessed the claim (finding low/localized risk, availability of state protection and reasonable internal relocation); no legal error, procedural unfairness or irrationality was shown and there was no prospect of success on judicial review.

Court Disposition

Leave to apply for judicial review refused

Orders

  • Leave to apply for judicial review refused