ALI JABED v. TORTURE CLAIMS APPEAL BOARD/NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

ALI JABED v. TORTURE CLAIMS APPEAL BOARD/NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Leave was refused because the applicant had no reasonable prospect of success: the Board positively found the applicant had fabricated the core facts, those credibility findings were decisive, the medical evidence did not meet the high threshold under Articles 2 or 3 of the HKBOR or the Immigration Ordinance to prevent removal, and the applicant's procedural fairness complaints were inconsistent with his own statements to the Court.

Citation
[2020] HKCFI 725
Parties
Applicant: Ali Jabed; Putative Respondent: Torture Claims Appeal Board/Non-refoulement Claims Petition Office; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
8 May 2020
Case Number
HCAL1763/2018
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application — Decision on Leave
Outcome
Leave to apply for judicial review refused; application dismissed.
Legal Topics
Non Refoulement, Torture, Cruel, Inhuman or Degrading Treatment or Punishment (article 3), Right to Life (article 2), Medical Treatment and Access to Healthcare, Credibility Findings, Procedural Fairness
Source Language
EN
Administrative Law Immigration Law Constitutional Law Human Rights Law Refugee Law Non Refoulement Torture Cruel, Inhuman or Degrading Treatment or Punishment (article 3) +4 more

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Parties

Ali Jabed

Applicant

Torture Claims Appeal Board/Non-refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Application for Leave to Apply for Judicial Review / Leave Application — Decision on Leave

Legal Issues

  1. 1 Whether applicant faces a real risk of torture or CIDTP on return
  2. 2 Whether applicant faces persecution under Refugee Convention Article 33
  3. 3 Whether applicant's medical condition engages Article 2 or Article 3 of the HKBOR so as to prohibit removal

Ratio Decidendi

Leave was refused because the applicant had no reasonable prospect of success: the Board positively found the applicant had fabricated the core facts, those credibility findings were decisive, the medical evidence did not meet the high threshold under Articles 2 or 3 of the HKBOR or the Immigration Ordinance to prevent removal, and the applicant's procedural fairness complaints were inconsistent with his own statements to the Court.

Court Disposition

Leave to apply for judicial review refused; application dismissed.

Orders

  • Leave to apply for judicial review refused
  • Application dismissed