BUTT ABU BAKAR v. TORTURE CLAIMS APPEAL BOARD/ NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

BUTT ABU BAKAR v. TORTURE CLAIMS APPEAL BOARD/ NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Leave refused because the applicant failed to identify any error of law or fact by the Board, failed to demonstrate a reasonable prospect of success, and the Board's factual evaluations (low risk, availability of state protection, and internal relocation) were within its proper province; the court will not re-open the merits of non-refoulement determinations.

Citation
[2020] HKCFI 1286
Parties
Applicant: Butt Abu Bakar; Putative Respondent: Torture Claims Appeal Board/Non-refoulement Claims Petition Office; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
24 June 2020
Case Number
HCAL1871/2018
Procedural Posture
Leave to Apply for Judicial Review / Decision on Leave Application (leave Refused)
Outcome
Leave to apply for judicial review refused; application dismissed.
Legal Topics
Non Refoulement, Torture Risk, Cruel, Inhuman or Degrading Treatment or Punishment, Refugee Convention Article 33 (persecution), Leave to Apply for Judicial Review, Evaluation of Evidence, State Protection and Internal Relocation
Source Language
EN
Administrative Law Constitutional Law Immigration Law Human Rights Law Non Refoulement Torture Risk Cruel, Inhuman or Degrading Treatment or Punishment Refugee Convention Article 33 (persecution) +3 more

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Parties

Butt Abu Bakar

Applicant

Torture Claims Appeal Board/Non-refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Leave to Apply for Judicial Review / Decision on Leave Application (leave Refused)

Legal Issues

  1. 1 Whether the Board erred in law or in its application of the facts
  2. 2 Whether applicant has a reasonable prospect of success for judicial review
  3. 3 Whether the court should re-examine merits of non-refoulement claim

Ratio Decidendi

Leave refused because the applicant failed to identify any error of law or fact by the Board, failed to demonstrate a reasonable prospect of success, and the Board's factual evaluations (low risk, availability of state protection, and internal relocation) were within its proper province; the court will not re-open the merits of non-refoulement determinations.

Court Disposition

Leave to apply for judicial review refused; application dismissed.

Orders

  • Leave to apply for judicial review refused
  • Application dismissed