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

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

Leave to apply for judicial review was refused because the applicant failed to demonstrate any arguable legal error in the Board's decision and had no reasonable prospect of success given the Board's adverse credibility findings and available state protection and internal relocation.

Citation
[2020] HKCFI 195
Parties
Applicant: Ali Mohsin; Putative Respondent: Torture Claims Appeal Board/Non-refoulement Claims Petition Office
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
15 January 2020
Case Number
HCAL1658/2018
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application (refused)
Outcome
Leave to apply for judicial review refused and application dismissed.
Legal Topics
Non Refoulement, Torture Risk, CIDTP, Judicial Review Leave, State Protection, Internal Relocation, Adjudicator Fact Finding
Source Language
EN
Immigration Law Administrative Law Constitutional Law Refugee Law Human Rights Law Non Refoulement Torture Risk CIDTP +4 more

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Parties

Ali Mohsin

Applicant

Torture Claims Appeal Board/Non-refoulement Claims Petition Office

Putative Respondent

Procedural Posture

Application for Leave to Apply for Judicial Review / Leave Application (refused)

Legal Issues

  1. 1 Whether the Board's factual findings were vitiated by legal error
  2. 2 Whether the applicant had a reasonable prospect of success to justify leave
  3. 3 Whether risk of torture or CIDTP was established

Ratio Decidendi

Leave to apply for judicial review was refused because the applicant failed to demonstrate any arguable legal error in the Board's decision and had no reasonable prospect of success given the Board's adverse credibility findings and available state protection and internal relocation.

Court Disposition

Leave to apply for judicial review refused and application dismissed.

Orders

  • Leave to apply for judicial review refused
  • Application dismissed