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

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

Leave to apply for judicial review was refused because the applicant failed to show exceptional circumstances to challenge the Director's decision once he had appealed to the statutory Board, and he failed to demonstrate a reasonable prospect of success against the Board's findings (credibility doubts, COI indicating state protection, failure to establish BOR2, BOR3 or persecution).

Citation
[2019] HKCFI 1772
Parties
Applicant: ALI Sharjeel; 1st Putative Respondent: Torture Claims Appeal Board/Non-refoulement Claims Petition Office; 2nd Putative Respondent: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
16 July 2019
Case Number
HCAL1192/2018
Procedural Posture
Application for Leave to Apply for Judicial Review / Notification of Judge's Decision (leave Application)
Outcome
Leave to apply for judicial review refused; application dismissed.
Legal Topics
Non Refoulement, Torture, Cruel, Inhuman or Degrading Treatment or Punishment (cidtp), Leave to Apply for Judicial Review, Internal Relocation, Country of Origin Information (coi)
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Refugee Law Non Refoulement Torture Cruel, Inhuman or Degrading Treatment or Punishment (cidtp) +3 more

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Parties

ALI Sharjeel

Applicant

Torture Claims Appeal Board/Non-refoulement Claims Petition Office

1st Putative Respondent

Director of Immigration

2nd Putative Respondent

Procedural Posture

Application for Leave to Apply for Judicial Review / Notification of Judge's Decision (leave Application)

Legal Issues

  1. 1 Whether leave to apply for judicial review of the Director's decision is permissible once an appeal to the Torture Claims Appeal Board is pursued
  2. 2 Whether the Board erred in its assessment of the applicant's credibility and evidence (including COI and supporting documents)
  3. 3 Whether the applicant established risk of torture, risk to life (BOR 2), CIDTP (BOR 3) or persecution under the Refugee Convention

Ratio Decidendi

Leave to apply for judicial review was refused because the applicant failed to show exceptional circumstances to challenge the Director's decision once he had appealed to the statutory Board, and he failed to demonstrate a reasonable prospect of success against the Board's findings (credibility doubts, COI indicating state protection, failure to establish BOR2, BOR3 or persecution).

Court Disposition

Leave to apply for judicial review refused; application dismissed.

Orders

  • Refusal of leave to apply for judicial review
  • Dismissal of the applicant's application