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

AMIN KHAN 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's complaints were not reasonably arguable: the Adjudicator's credibility findings and assessments of persecution, BOR2 and BOR3 risks and state protection/internal relocation were supported by evidence and not Wednesbury unreasonable; the procedure complied with applicable practice directions including timely service of the hearing bundle and provision of interpreters; there was no demonstrable prejudice from lack of legal representation or language assistance and no error of law or procedural unfairness to justify judicial review.

Citation
[2019] HKCFI 1976
Parties
Applicant: Amin Khan; 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
9 August 2019
Case Number
HCAL576/2018
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application (consideration of Documents and Oral Submission)
Outcome
Leave to apply for judicial review refused.
Legal Topics
Non Refoulement, Torture Claim, Leave to Apply for Judicial Review, Procedural Fairness, Credibility Findings, Internal Relocation, State Protection, Unified Screening Mechanism
Source Language
EN
Immigration Law Administrative Law Human Rights Constitutional Law Non Refoulement Torture Claim Leave to Apply for Judicial Review Procedural Fairness +4 more

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Parties

Amin Khan

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 (consideration of Documents and Oral Submission)

Legal Issues

  1. 1 Whether the Adjudicator unlawfully fettered her discretion
  2. 2 Whether there was procedural unfairness arising from late service of the appeal bundle
  3. 3 Whether lack of legal representation and language assistance prejudiced the applicant

Ratio Decidendi

Leave to apply for judicial review was refused because the applicant's complaints were not reasonably arguable: the Adjudicator's credibility findings and assessments of persecution, BOR2 and BOR3 risks and state protection/internal relocation were supported by evidence and not Wednesbury unreasonable; the procedure complied with applicable practice directions including timely service of the hearing bundle and provision of interpreters; there was no demonstrable prejudice from lack of legal representation or language assistance and no error of law or procedural unfairness to justify judicial review.

Court Disposition

Leave to apply for judicial review refused.

Orders

  • Leave to apply for judicial review is refused.