BUSTILLOS ANDREW BITENG v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

BUSTILLOS ANDREW BITENG v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Leave was dismissed because the applicant failed to identify any reasonably arguable error of law, irrationality or procedural unfairness in the Director's and Board's decisions, which correctly assessed the risk as localized and concluded state protection and reasonable internal relocation were available.

Source-derived case information.

Citation
[2024] HKCFI 965
Parties
Applicant: Bustillos Andrew Biteng; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
3 April 2024
Case Number
HCAL907/2021
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application (dismissed)
Outcome
The application for leave to apply for judicial review is dismissed.
Legal Topics
Non Refoulement, Torture and Cruel Treatment (article 3 Hkbor), Right to Life (article 2 Hkbor), Persecution (refugee Convention Article 33), Internal Relocation, Judicial Review Leave Stage, Procedural Fairness, Risk Assessment
Source Language
en
Constitutional Law Administrative Law Immigration Law Human Rights Law International Refugee Law Non Refoulement Torture and Cruel Treatment (article 3 Hkbor) Right to Life (article 2 Hkbor) +5 more

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Parties

Bustillos Andrew Biteng

Applicant

Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Application for Leave to Apply for Judicial Review / Leave Application (dismissed)

Legal Issues

  1. 1 Whether leave to apply for judicial review should be granted
  2. 2 Whether the Board or Director erred in law or committed procedural unfairness in assessing risk of harm
  3. 3 Whether applicant faces real risk of torture, death or persecution on return

Ratio Decidendi

Leave was dismissed because the applicant failed to identify any reasonably arguable error of law, irrationality or procedural unfairness in the Director's and Board's decisions, which correctly assessed the risk as localized and concluded state protection and reasonable internal relocation were available.

Court Disposition

The application for leave to apply for judicial review is dismissed.

Orders

  • The application for leave to apply for judicial review be dismissed.