DILSOZ AB KHALIQ v. TORTURE CLAIMS APPEAL BOARD/NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

DILSOZ AB KHALIQ v. TORTURE CLAIMS APPEAL BOARD/NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

The applicant failed to demonstrate a reasonable prospect of success because the Board had conscientiously assessed the evidence and applied the law; factual findings by the Adjudicator are final and not susceptible to re‑examination on judicial review, therefore leave was refused.

Source-derived case information.

Citation
[2019] HKCFI 2963
Parties
Applicant: Dilsoz Ab Khaliq; Putative Respondent: Torture Claims Appeal Board/Non-refoulement Claims Petition Office
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
6 December 2019
Case Number
HCAL1645/2018
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Refused
Outcome
Leave to apply for judicial review refused; application dismissed.
Legal Topics
Non Refoulement, Torture, Internal Relocation, Judicial Review, Leave to Apply
Source Language
en
Constitutional and Administrative Law Immigration Refugee Law Non Refoulement Torture Internal Relocation Judicial Review Leave to Apply

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Parties

Dilsoz Ab Khaliq

Applicant

Torture Claims Appeal Board/Non-refoulement Claims Petition Office

Putative Respondent

Procedural Posture

Application for Leave to Apply for Judicial Review / Leave Refused

Legal Issues

  1. 1 Whether the applicant had a fair hearing before the Board
  2. 2 Whether judicial review may re-examine primary facts found by the Board
  3. 3 Availability of state protection

Ratio Decidendi

The applicant failed to demonstrate a reasonable prospect of success because the Board had conscientiously assessed the evidence and applied the law; factual findings by the Adjudicator are final and not susceptible to re‑examination on judicial review, therefore leave was refused.

Court Disposition

Leave to apply for judicial review refused; application dismissed.

Orders

  • Leave to apply for judicial review refused
  • Application dismissed