ASIF MUHAMMAD AND OTHERS v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

ASIF MUHAMMAD AND OTHERS v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Leave refused because applicants had no realistic prospect of success: the Board's factual findings that the risk was localized to Sialkot, that state protection would generally be available outside that area, and that internal relocation to other Pakistani cities was viable were supported by evidence; there was no...

Source-derived case information.

Citation
[2023] HKCFI 1421
Parties
Applicant: Asif Muhammad; Applicant: Asif Sobia; Applicant: Aman Ullah Zaryab; Applicant: Asif Subhan; Applicant: Asif Noor; Applicant: Asif Muhammad Azaan; 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
31 May 2023
Case Number
HCAL639/2019
Procedural Posture
Judicial Review Leave Application / Leave Refused (application for Leave)
Outcome
Leave to apply for judicial review refused; application dismissed
Legal Topics
Non Refoulement, Torture/cat Risk, Internal Relocation, State Protection, Leave to Apply for Judicial Review, Representation of Minors, Wednesbury Unreasonableness, Country of Origin Information (coi)
Source Language
en
Administrative Law Immigration Law Refugee Law Human Rights Law Constitutional Law Non Refoulement Torture/cat Risk Internal Relocation +5 more

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Parties

Asif Muhammad

Applicant

Asif Sobia

Applicant

Aman Ullah Zaryab

Applicant

Asif Subhan

Applicant

Asif Noor

Applicant

Asif Muhammad Azaan

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 Refused (application for Leave)

Legal Issues

  1. 1 Whether internal relocation was reasonably available to applicants
  2. 2 Whether effective state protection existed outside applicants' home area
  3. 3 Whether the Board irrationally or unlawfully ignored or downplayed COI

Ratio Decidendi

Leave refused because applicants had no realistic prospect of success: the Board's factual findings that the risk was localized to Sialkot, that state protection would generally be available outside that area, and that internal relocation to other Pakistani cities was viable were supported by evidence; there was no error of law or procedural unfairness and the applicants, being legally represented, failed to adduce evidence to rebut the Board's conclusions.

Court Disposition

Leave to apply for judicial review refused; application dismissed

Orders

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