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

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

The Board lawfully exercised its discretion not to hold an oral hearing and to decide on the papers; the applicant had prior opportunity with legal representation to present all material and provided no additional evidence; objective findings (low intensity/frequency of past incidents, lack of specific targeting,...

Source-derived case information.

Citation
[2018] HKCFI 2192
Parties
Applicant: Deloar Hossain; 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
28 September 2018
Case Number
HCAL982/2017
Procedural Posture
Application for Leave to Apply for Judicial Review / Decision on Leave Application (leave Refused)
Outcome
Leave to apply for judicial review refused.
Legal Topics
Non Refoulement, Torture and Ill Treatment, HKBOR Article 3 (prohibition of Torture), HKBOR Article 2 (right to Life), Internal Relocation, Procedural Fairness, Right to Oral Hearing, Right to Legal Representation, Unified Screening Mechanism
Source Language
en
Constitutional Law Administrative Law Immigration Law Human Rights Law Refugee and Asylum Law Non Refoulement Torture and Ill Treatment HKBOR Article 3 (prohibition of Torture) +6 more

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Parties

Deloar Hossain

Applicant

Torture Claims Appeal Board / Non-Refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

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

Legal Issues

  1. 1 Whether applicant was entitled to an oral hearing before the Board
  2. 2 Whether the Board breached procedural fairness or the high standard of fairness by not holding an oral hearing
  3. 3 Whether absence of legal representation at Board stage breached fairness requirements

Ratio Decidendi

The Board lawfully exercised its discretion not to hold an oral hearing and to decide on the papers; the applicant had prior opportunity with legal representation to present all material and provided no additional evidence; objective findings (low intensity/frequency of past incidents, lack of specific targeting, availability of state protection and viable internal relocation) meant no realistic prospect of establishing non-refoulement risk; accordingly there was no arguable error of law or procedural unfairness and leave to apply for judicial review was refused.

Court Disposition

Leave to apply for judicial review refused.

Orders

  • Leave to apply for judicial review refused.