ALI MOHAMMED v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

ALI MOHAMMED v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Leave to apply for judicial review was refused because the applicant's grounds were broad, vague and lacked particulars; the Board's decision rested on adverse credibility findings and reasonable COI/state protection conclusions such that there was no real prospect of success on the proposed judicial review.

Source-derived case information.

Citation
[2018] HKCFI 1313
Parties
Applicant: Ali Mohammed; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
22 June 2018
Case Number
HCAL861/2017
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application Refused (notification of Decision)
Outcome
Leave to apply for judicial review refused
Legal Topics
Non Refoulement, Torture Risk, Credibility Findings, Procedural Fairness, Country of Origin Information, State Protection, Leave to Apply for Judicial Review
Source Language
en
Immigration Constitutional and Administrative Law Refugee and Asylum Non Refoulement Torture Risk Credibility Findings Procedural Fairness Country of Origin Information +2 more

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Parties

Ali Mohammed

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 (notification of Decision)

Legal Issues

  1. 1 Whether procedural impropriety occurred in the Board's consideration of COI and inquiries made
  2. 2 Whether the adjudicator applied incorrect standard of proof
  3. 3 Whether failure to obtain psychological/psychiatric reports rendered process unfair

Ratio Decidendi

Leave to apply for judicial review was refused because the applicant's grounds were broad, vague and lacked particulars; the Board's decision rested on adverse credibility findings and reasonable COI/state protection conclusions such that there was no real prospect of success on the proposed judicial review.

Court Disposition

Leave to apply for judicial review refused

Orders

  • Leave to apply for judicial review refused (notification dated 22 June 2018).