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

BUTT WAQAS 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 failed to show any arguable error of law, procedural unfairness or irrationality in the Board's factual findings rejecting his evidence, and therefore had no reasonable prospect of success.

Source-derived case information.

Citation
[2020] HKCFI 1474
Parties
Applicant: Butt Waqas; 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
10 July 2020
Case Number
HCAL1825/2018
Procedural Posture
Constitutional and Administrative Law Judicial Review (leave Application) / Application for Leave to Apply for Judicial Review — Decision on Leave
Outcome
Leave to apply for judicial review refused; application dismissed.
Legal Topics
Non Refoulement, Risk of Torture/cidtp, Internal Relocation, Procedural Fairness, Judicial Review Leave
Source Language
en
Administrative Law Immigration Law Constitutional Law Non Refoulement Risk of Torture/cidtp Internal Relocation Procedural Fairness Judicial Review Leave

Source-derived case record

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Parties

Butt Waqas

Applicant

Torture Claims Appeal Board/Non-refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Constitutional and Administrative Law Judicial Review (leave Application) / Application for Leave to Apply for Judicial Review — Decision on Leave

Legal Issues

  1. 1 Whether the Board's decision involved error of law, procedural unfairness or irrationality warranting judicial review
  2. 2 Whether the applicant demonstrated a real risk of harm or torture on return to Pakistan
  3. 3 Whether state protection and internal relocation were viable options

Ratio Decidendi

Leave to apply for judicial review was refused because the applicant failed to show any arguable error of law, procedural unfairness or irrationality in the Board's factual findings rejecting his evidence, and therefore had no reasonable prospect of success.

Court Disposition

Leave to apply for judicial review refused; application dismissed.

Orders

  • Leave to apply for judicial review refused.
  • Application dismissed.