DIN SADDAR v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

DIN SADDAR v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Leave dismissed because the Applicant failed to identify any reasonably arguable legal error, irrationality or procedural unfairness in the Director’s or Board’s decisions; both bodies lawfully assessed low risk, availability of state protection and reasonable internal relocation, and the Applicant confirmed no present problem returning, so there was no prospect of success for judicial review.

Citation
[2023] HKCFI 2858
Parties
Applicant: Din Saddar; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
7 November 2023
Case Number
HCAL199/2021
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application Dismissed
Outcome
The application for leave to apply for judicial review is dismissed.
Legal Topics
Non Refoulement, Torture Risk, HKBOR Articles 2 and 3, Internal Relocation, Judicial Review Standard
Source Language
EN
Immigration Constitutional Law Administrative Law Human Rights Non Refoulement Torture Risk HKBOR Articles 2 and 3 Internal Relocation +1 more

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Parties

Din Saddar

Applicant

Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Application for Leave to Apply for Judicial Review / Leave Application Dismissed

Legal Issues

  1. 1 Whether return to Pakistan would expose applicant to torture or other ill-treatment
  2. 2 Whether state protection or internal relocation in Pakistan is reasonably available
  3. 3 Whether the Board/Director made legal errors, acted irrationally or breached procedural fairness

Ratio Decidendi

Leave dismissed because the Applicant failed to identify any reasonably arguable legal error, irrationality or procedural unfairness in the Director’s or Board’s decisions; both bodies lawfully assessed low risk, availability of state protection and reasonable internal relocation, and the Applicant confirmed no present problem returning, so there was no prospect of success for judicial review.

Court Disposition

The application for leave to apply for judicial review is dismissed.

Orders

  • The application for leave to apply for judicial review be dismissed.