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

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

No reasonably arguable basis was identified for judicial review because the Director and the Board conducted lawful, fair and reasoned assessments that the risk from the Taliban is low, internal relocation and state protection are viable, and no legal error, procedural unfairness or irrationality was shown; accordingly leave was refused.

Citation
[2021] HKCFI 926
Parties
Applicant: Ali Muhammad; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
8 April 2021
Case Number
HCAL870/2018
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application
Outcome
Leave to apply for judicial review refused
Legal Topics
Non Refoulement, Torture Risk, Article 3 HKBOR, Article 2 HKBOR (right to Life), Internal Relocation, Judicial Review Leave, Procedural Fairness
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Non Refoulement Torture Risk Article 3 HKBOR Article 2 HKBOR (right to Life) +3 more

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Parties

Ali Muhammad

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

Legal Issues

  1. 1 Whether the applicant has an arguable ground to obtain leave for judicial review
  2. 2 Whether the Director of Immigration and the Torture Claims Appeal Board erred in law, acted procedurally unfairly or reached irrational conclusions
  3. 3 Whether internal relocation and state protection in Pakistan negate non-refoulement and torture/persecution risks

Ratio Decidendi

No reasonably arguable basis was identified for judicial review because the Director and the Board conducted lawful, fair and reasoned assessments that the risk from the Taliban is low, internal relocation and state protection are viable, and no legal error, procedural unfairness or irrationality was shown; accordingly leave was refused.

Court Disposition

Leave to apply for judicial review refused

Orders

  • Leave to apply for judicial review refused