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

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

The Court refused leave because the applicant failed to demonstrate any arguable legal error, unreasonableness or procedural unfairness in the Director's or Adjudicator's decisions; their conclusions were open on the facts and there was no realistic prospect of success for judicial review.

Source-derived case information.

Citation
[2018] HKCFI 731
Parties
Applicant: Aqeel Abbas; 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
17 April 2018
Case Number
HCAL673/2017
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Decision (considered on Papers)
Outcome
Leave to apply for judicial review refused
Legal Topics
Non Refoulement, Torture, HKBORO Article 2 and 3, ICCPR Article 6 and 7, Leave to Apply for Judicial Review, Procedural Fairness, Internal Relocation
Source Language
en
Constitutional Law Administrative Law Immigration Law Refugee Law Human Rights Law Non Refoulement Torture HKBORO Article 2 and 3 +4 more

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Parties

Aqeel Abbas

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 Decision (considered on Papers)

Legal Issues

  1. 1 Whether leave to apply for judicial review should be granted
  2. 2 Whether the Director of Immigration and the Adjudicator acted unlawfully, unreasonably or unfairly
  3. 3 Whether the applicant established a real risk of torture, persecution or violation of rights under HKBORO/ICCPR

Ratio Decidendi

The Court refused leave because the applicant failed to demonstrate any arguable legal error, unreasonableness or procedural unfairness in the Director's or Adjudicator's decisions; their conclusions were open on the facts and there was no realistic prospect of success for judicial review.

Court Disposition

Leave to apply for judicial review refused

Orders

  • Leave to apply for Judicial Review be refused.