BILAL v. DIRECTOR OF IMMIGRATION AND ANOTHER [Decision on Leave Application]

BILAL v. DIRECTOR OF IMMIGRATION AND ANOTHER [Decision on Leave Application]

Leave was refused because the applicant failed to identify any legal error, procedural unfairness or Wednesbury irrationality in the Director's or the Board's decisions; the Board's adverse credibility findings and risk assessment were within the primary decision-makers' remit and supported by the evidence and country information, so there was no realistic prospect of success on judicial review.

Citation
[2018] HKCFI 2809
Parties
Applicant: Bilal; 1st Putative Respondent: Director of Immigration; 2nd Putative Respondent: Torture Claims Appeal Board / Non-Refoulement Claims Petition Office
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
3 January 2019
Case Number
HCAL318/2018
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application Refused
Outcome
Leave to apply for judicial review refused.
Legal Topics
Non Refoulement, Torture Risk, Credibility Findings, Wednesbury Unreasonableness, Internal Relocation, State Protection, Leave to Apply for Judicial Review, Procedural Fairness
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Asylum and Non Refoulement Non Refoulement Torture Risk Credibility Findings +5 more

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Parties

Bilal

Applicant

Director of Immigration

1st Putative Respondent

Torture Claims Appeal Board / Non-Refoulement Claims Petition Office

2nd Putative Respondent

Procedural Posture

Application for Leave to Apply for Judicial Review / Leave Application Refused

Legal Issues

  1. 1 Whether leave to apply for judicial review should be granted
  2. 2 Whether the Director and the Board erred in law in assessing the applicant's non-refoulement/torture/BOR risks
  3. 3 Whether the decisions were Wednesbury unreasonable

Ratio Decidendi

Leave was refused because the applicant failed to identify any legal error, procedural unfairness or Wednesbury irrationality in the Director's or the Board's decisions; the Board's adverse credibility findings and risk assessment were within the primary decision-makers' remit and supported by the evidence and country information, so there was no realistic prospect of success on judicial review.

Court Disposition

Leave to apply for judicial review refused.

Orders

  • Leave to apply for judicial review refused.