BELLAL HOSSAIN v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE AND ANOTHER [Decision on Leave Application]

BELLAL HOSSAIN v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE AND ANOTHER [Decision on Leave Application]

Leave refused because the court, after anxious scrutiny, found no error of law or procedural unfairness in the Director's or the Board's decisions: credibility findings were supported by the record, applicant failed to particularise grounds and produce evidence of state involvement or rebut availability of...

Source-derived case information.

Citation
[2018] HKCFI 1957
Parties
Applicant: Bellal Hossain; 1st Putative Respondent: Torture Claims Appeal Board / Non-Refoulement Claims Petition Office; 2nd Putative Respondent: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
31 August 2018
Case Number
HCAL994/2017
Procedural Posture
Application for Leave to Apply for Judicial Review (non Refoulement/torture) / Leave Application (refused)
Outcome
Leave to apply for judicial review refused.
Legal Topics
Non Refoulement, Torture Risk, HKBOR Article 2 (right to Life), HKBOR Article 3 (torture/cruel, Inhuman or Degrading Treatment), Credibility Assessment, Internal Relocation, Procedural Fairness
Source Language
en
Immigration Law Constitutional Law Administrative Law Human Rights Law Non Refoulement Torture Risk HKBOR Article 2 (right to Life) HKBOR Article 3 (torture/cruel, Inhuman or Degrading Treatment) +3 more

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Parties

Bellal Hossain

Applicant

Torture Claims Appeal Board / Non-Refoulement Claims Petition Office

1st Putative Respondent

Director of Immigration

2nd Putative Respondent

Procedural Posture

Application for Leave to Apply for Judicial Review (non Refoulement/torture) / Leave Application (refused)

Legal Issues

  1. 1 Whether state acquiescence or official involvement rendered the applicant at real risk on return
  2. 2 Whether the Director and the Board properly assessed credibility of the applicant
  3. 3 Whether country of origin information (COI) was properly considered and relied upon

Ratio Decidendi

Leave refused because the court, after anxious scrutiny, found no error of law or procedural unfairness in the Director's or the Board's decisions: credibility findings were supported by the record, applicant failed to particularise grounds and produce evidence of state involvement or rebut availability of protection and internal relocation, and there was no demonstrated unfairness from the timing of the hearing bundle or interpreter assistance; therefore no prospect of success for judicial review.

Court Disposition

Leave to apply for judicial review refused.

Orders

  • Leave to apply for judicial review refused.