ASLAM MUHAMMAD v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

ASLAM MUHAMMAD v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Leave to apply for judicial review was dismissed because the Applicant failed to identify any reasonably arguable legal error, irrationality or procedural unfairness in the Director's or Board's assessments that found low/localised risk, available state protection and feasible internal relocation; the Applicant also...

Source-derived case information.

Citation
[2021] HKCFI 505
Parties
Applicant: Aslam Muhammad; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
26 February 2021
Case Number
HCAL2154/2020
Procedural Posture
Application for Leave to Apply for Judicial Review (non Refoulement) / Decision on Leave Application (dismissed)
Outcome
Leave to apply for judicial review dismissed.
Legal Topics
Non Refoulement, Torture Risk (immigration Ordinance Part Viic), Internal Relocation, Judicial Review Leave, Procedural Fairness
Source Language
en
Constitutional Law Administrative Law Immigration Law Human Rights Law Asylum and Non Refoulement Non Refoulement Torture Risk (immigration Ordinance Part Viic) Internal Relocation +2 more

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Parties

Aslam Muhammad

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) / Decision on Leave Application (dismissed)

Legal Issues

  1. 1 Whether leave to apply for judicial review should be granted
  2. 2 Whether the Director of Immigration and the Torture Claims Appeal Board committed error of law, irrationality or procedural unfairness in rejecting the non-refoulement claim
  3. 3 Whether state protection was available on return to Pakistan

Ratio Decidendi

Leave to apply for judicial review was dismissed because the Applicant failed to identify any reasonably arguable legal error, irrationality or procedural unfairness in the Director's or Board's assessments that found low/localised risk, available state protection and feasible internal relocation; the Applicant also indicated the basis of his claim no longer existed.

Court Disposition

Leave to apply for judicial review dismissed.

Orders

  • The application for leave to apply for judicial review is dismissed.
  • Applicant's request to withdraw the leave application is acceded to.