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

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

Leave to apply for judicial review was dismissed because the applicant failed to identify any reasonably arguable legal error, irrationality or procedural unfairness in the Director’s and Board’s decisions; their findings that harm was localized, state protection and internal relocation were available, and that the past ill‑treatment was low in intensity and frequency were adequately supported by evidence, so there was no prospect of success.

Citation
[2023] HKCFI 1708
Parties
Applicant: Ali Rizwan; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 June 2023
Case Number
HCAL9/2022
Procedural Posture
Judicial Review (leave Application) / Leave Application (decision)
Outcome
Application for leave to apply for judicial review dismissed.
Legal Topics
Non Refoulement, Torture, Risk Assessment, Internal Relocation, Leave to Apply for Judicial Review, Procedural Fairness
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Refugee and Asylum Law Non Refoulement Torture Risk Assessment +3 more

Case Brief

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Parties

Ali Rizwan

Applicant

Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Judicial Review (leave Application) / Leave Application (decision)

Legal Issues

  1. 1 Whether there were substantial grounds for believing applicant would face torture or persecution on return (non-refoulement)
  2. 2 Whether state/police protection or reasonable internal relocation was available
  3. 3 Whether the Director and the Board committed errors of law, irrationality or procedural unfairness warranting judicial review

Ratio Decidendi

Leave to apply for judicial review was dismissed because the applicant failed to identify any reasonably arguable legal error, irrationality or procedural unfairness in the Director’s and Board’s decisions; their findings that harm was localized, state protection and internal relocation were available, and that the past ill‑treatment was low in intensity and frequency were adequately supported by evidence, so there was no prospect of success.

Court Disposition

Application for leave to apply for judicial review dismissed.

Orders

  • The application for leave to apply for judicial review is dismissed.