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

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

Leave to apply for judicial review was refused because the applicant had no realistic prospect of success: the Board's credibility findings and conclusions that state protection and internal relocation were available were rational, supported by the record and did not involve error of law or procedural unfairness.

Citation
[2021] HKCFI 3358
Parties
Applicant: Butt Rizwan; 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
18 November 2021
Case Number
HCAL515/2019
Procedural Posture
Judicial Review Leave to Apply / Leave Application Refused
Outcome
Leave to apply for judicial review refused; application dismissed
Legal Topics
Non Refoulement, Torture, Internal Relocation, State Protection, Judicial Review Leave
Source Language
EN
Constitutional and Administrative Law Immigration Refugee Law Human Rights Non Refoulement Torture Internal Relocation State Protection +1 more

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Parties

Butt Rizwan

Applicant

Torture Claims Appeal Board/Non-refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Judicial Review Leave to Apply / Leave Application Refused

Legal Issues

  1. 1 Whether the Board's decision involved error of law or procedural unfairness
  2. 2 Whether state protection was available
  3. 3 Whether internal relocation was a viable alternative

Ratio Decidendi

Leave to apply for judicial review was refused because the applicant had no realistic prospect of success: the Board's credibility findings and conclusions that state protection and internal relocation were available were rational, supported by the record and did not involve error of law or procedural unfairness.

Court Disposition

Leave to apply for judicial review refused; application dismissed

Orders

  • Leave to apply for judicial review refused
  • Application dismissed