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

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

Leave refused because the applicant advanced only broad, vague assertions without particulars; the Board and Director made rational credibility and risk assessments supported by evidence and COI; no error of law or procedural unfairness was shown and there was no realistic prospect of success on judicial review.

Citation
[2018] HKCFI 2633
Parties
Applicant: Amin Md; 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
7 December 2018
Case Number
HCAL68/2018
Procedural Posture
Judicial Review (leave Application) / Leave Application Refused (considered on Documents; Applicant Absent)
Outcome
Leave to apply for judicial review refused.
Legal Topics
Non Refoulement, Torture Risk, Article 3 HKBOR (prohibition of Torture), Article 2 HKBOR (right to Life), Procedural Fairness, Credibility Assessment, Country of Origin Information, Internal Relocation
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Non Refoulement Torture Risk Article 3 HKBOR (prohibition of Torture) Article 2 HKBOR (right to Life) +4 more

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Parties

Amin Md

Applicant

Torture Claims Appeal Board / Non-Refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Judicial Review (leave Application) / Leave Application Refused (considered on Documents; Applicant Absent)

Legal Issues

  1. 1 Whether the Board unlawfully fettered its discretion
  2. 2 Whether procedural unfairness arose from the manner the adjudicator conducted the appeal
  3. 3 Whether the Board's decision was unreasonable or irrational in public law sense

Ratio Decidendi

Leave refused because the applicant advanced only broad, vague assertions without particulars; the Board and Director made rational credibility and risk assessments supported by evidence and COI; no error of law or procedural unfairness was shown and there was no realistic prospect of success on judicial review.

Court Disposition

Leave to apply for judicial review refused.

Orders

  • Leave to apply for judicial review refused.