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

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

Leave was refused because the applicant’s asserted grounds were not reasonably arguable: the Director and the Board applied correct legal principles, made fact‑based assessments that the risk was localized and of low intensity, state protection and reasonable internal relocation were available, and there was no identifiable legal error or procedural unfairness (including no substantive prejudice from representation or translation issues) to justify judicial review.

Citation
[2019] HKCFI 2422
Parties
Applicant: Ali Karamat; 1st Putative Respondent: Torture Claims Appeal Board / Non-Refoulement Claims Petition Office; 2nd Putative Respondent: The Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
22 November 2019
Case Number
HCAL1031/2018
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, Torture Risk, Article 3 HKBOR (bor 3), Article 2 HKBOR (bor 2), Internal Relocation, State Protection, Procedural Fairness, Legal Representation, Translation/language Assistance, Risk Assessment
Source Language
EN
Immigration Administrative Law Constitutional Law Human Rights Non Refoulement Torture Risk Article 3 HKBOR (bor 3) Article 2 HKBOR (bor 2) +6 more

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Parties

Ali Karamat

Applicant

Torture Claims Appeal Board / Non-Refoulement Claims Petition Office

1st Putative Respondent

The Director of Immigration

2nd Putative Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant faced a real risk of torture or ill-treatment engaging BOR 3 or persecution under Article 33 of the Refugee Convention
  2. 2 Whether the alleged risk could be obviated by state protection or reasonable internal relocation
  3. 3 Whether the treatment met the minimum severity threshold for non-refoulement protection

Ratio Decidendi

Leave was refused because the applicant’s asserted grounds were not reasonably arguable: the Director and the Board applied correct legal principles, made fact‑based assessments that the risk was localized and of low intensity, state protection and reasonable internal relocation were available, and there was no identifiable legal error or procedural unfairness (including no substantive prejudice from representation or translation issues) to justify judicial review.

Court Disposition

Leave to apply for judicial review refused.

Orders

  • Leave to apply for judicial review refused.