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

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

Leave was refused because the Applicant failed to identify any arguable legal error, irrationality or procedural unfairness in the Director's or the Board's decisions; both decision-makers reasonably assessed the evidence, found the risk localized and low, and properly concluded that state protection and reasonable internal relocation were available, so there was no prospect of success on judicial review.

Citation
[2023] HKCFI 2951
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
16 November 2023
Case Number
HCAL552/2020
Procedural Posture
Application for Leave to Apply for Judicial Review (non Refoulement/torture Claim) / Leave to Apply for Judicial Review Refused (order Dated 16 November 2023)
Outcome
Leave to apply for judicial review refused
Legal Topics
Non Refoulement, Torture Risk, Internal Relocation, State Protection, Leave to Apply for Judicial Review
Source Language
EN
Immigration Law Constitutional Law Administrative Law Human Rights Law Non Refoulement Torture Risk Internal Relocation State Protection +1 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/torture Claim) / Leave to Apply for Judicial Review Refused (order Dated 16 November 2023)

Legal Issues

  1. 1 Whether leave should be granted to apply for judicial review
  2. 2 Whether the Director of Immigration and the Torture Claims Appeal Board made legal errors, acted irrationally, or committed procedural unfairness in assessing the Applicant's non-refoulement claim
  3. 3 Whether the risk of torture or persecution from the Applicant's second wife's family is real and substantial

Ratio Decidendi

Leave was refused because the Applicant failed to identify any arguable legal error, irrationality or procedural unfairness in the Director's or the Board's decisions; both decision-makers reasonably assessed the evidence, found the risk localized and low, and properly concluded that state protection and reasonable internal relocation were available, so there was no prospect of success on judicial review.

Court Disposition

Leave to apply for judicial review refused

Orders

  • Leave to apply for judicial review refused.