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

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

The applicant failed to demonstrate any error of law or fact by the Board and has no reasonable prospect of success; evaluation of evidence and findings of fact were properly within the Director/Board's remit and there is no basis for the court to intervene; therefore leave to apply for judicial review is refused.

Citation
[2020] HKCFI 1107
Parties
Applicant: Altaf Amir; Putative Respondent: Torture Claims Appeal Board/Non-refoulement Claims Petition Office; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
10 June 2020
Case Number
HCAL1702/2018
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application (refused)
Outcome
Leave to apply for judicial review refused; application dismissed.
Legal Topics
Non Refoulement, Torture/cidtp, Persecution, Leave to Apply for Judicial Review, Credibility Assessment, State Protection, Internal Relocation, Evaluation of Evidence
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Refugee Law Non Refoulement Torture/cidtp Persecution +5 more

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Parties

Altaf Amir

Applicant

Torture Claims Appeal Board/Non-refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

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

Legal Issues

  1. 1 Whether the Board erred in law or fact in rejecting the non-refoulement/torture/persecution claim
  2. 2 Whether the applicant has an arguable/realistic prospect of success on judicial review
  3. 3 Whether state protection and internal relocation were reasonably available

Ratio Decidendi

The applicant failed to demonstrate any error of law or fact by the Board and has no reasonable prospect of success; evaluation of evidence and findings of fact were properly within the Director/Board's remit and there is no basis for the court to intervene; therefore leave to apply for judicial review is refused.

Court Disposition

Leave to apply for judicial review refused; application dismissed.

Orders

  • Leave to apply for judicial review refused.
  • Application dismissed.