ALI JAMSHAID v. IMMIGRATION DEPARTMENT AND ANOTHER [Decision on Leave Application]

ALI JAMSHAID v. IMMIGRATION DEPARTMENT AND ANOTHER [Decision on Leave Application]

Leave to apply for judicial review was refused because the Applicant failed to identify any legal error, procedural unfairness or irrationality in the Director's and Board's decisions; the Board's adverse credibility findings following oral evidence were properly reasoned; the risk was localized and reasonable internal relocation was available, so there was no reasonably arguable ground for judicial review.

Citation
[2020] HKCFI 1274
Parties
Applicant: Ali Jamshaid; 1st Putative Respondent: Immigration Department; 2nd Putative Respondent: Torture Claims Appeal Board
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 June 2020
Case Number
HCAL511/2018
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, Credibility Assessment, Internal Relocation, Torture/article 3, Procedural Fairness, Judicial Review Leave
Source Language
EN
Immigration Law Constitutional Law Administrative Law Human Rights Law Refugee Law Non Refoulement Credibility Assessment Internal Relocation +3 more

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Parties

Ali Jamshaid

Applicant

Immigration Department

1st Putative Respondent

Torture Claims Appeal Board

2nd Putative Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether leave for judicial review should be granted to challenge the Director's and Board's decisions
  2. 2 Whether the Applicant faces a real risk of torture or ill-treatment if returned to Pakistan (BOR art 3/torture risk)
  3. 3 Whether state protection or reasonable internal relocation is available in Pakistan

Ratio Decidendi

Leave to apply for judicial review was refused because the Applicant failed to identify any legal error, procedural unfairness or irrationality in the Director's and Board's decisions; the Board's adverse credibility findings following oral evidence were properly reasoned; the risk was localized and reasonable internal relocation was available, so there was no reasonably arguable ground for judicial review.

Court Disposition

Leave to apply for judicial review refused.

Orders

  • Leave to apply for judicial review refused.