ASHIAR MD v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

ASHIAR MD v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Leave was dismissed because the Applicant failed to identify any reasonably arguable legal ground of error, the Board and Director applied lawful and reasonable assessments (credibility, localized risk, state protection and internal relocation), and the Applicant later affirmed no objection to return such that there was no prospect of success.

Citation
[2025] HKCFI 1991
Parties
Applicant: Ashiar Md; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
22 May 2025
Case Number
HCAL1843/2020
Procedural Posture
Application for Leave to Apply for Judicial Review (non‑refoulement/torture Claim) / Decision on Leave Application (dismissed)
Outcome
Application for leave to apply for judicial review dismissed
Legal Topics
Non‑refoulement, Torture Risk, Internal Relocation, Credibility Findings, Judicial Review Leave
Source Language
EN
Administrative Law Constitutional Law Immigration Law Human Rights Law Refugee Law Non‑refoulement Torture Risk Internal Relocation +2 more

Case Brief

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Parties

Ashiar Md

Applicant

Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Application for Leave to Apply for Judicial Review (non‑refoulement/torture Claim) / Decision on Leave Application (dismissed)

Legal Issues

  1. 1 Whether there were arguable errors of law, irrationality or procedural unfairness in the Board's decision warranting leave to apply for judicial review
  2. 2 Whether the Applicant faced a real risk of torture/serious harm from non‑state actors on return to Bangladesh
  3. 3 Whether state protection and internal relocation were available and reasonable

Ratio Decidendi

Leave was dismissed because the Applicant failed to identify any reasonably arguable legal ground of error, the Board and Director applied lawful and reasonable assessments (credibility, localized risk, state protection and internal relocation), and the Applicant later affirmed no objection to return such that there was no prospect of success.

Court Disposition

Application for leave to apply for judicial review dismissed

Orders

  • Leave application dismissed