DITTA ALLAH v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

DITTA ALLAH v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Leave refused because the Applicant failed to identify any reasonably arguable legal error, irrationality or procedural unfairness in the Director's or Board's decisions; the Board's adverse credibility finding and conclusion that state protection and internal relocation made return safe were properly reasoned evaluations of risk that are not susceptible to judicial review absent legal error, so no prospect of success in a judicial review application existed.

Citation
[2021] HKCFI 1918
Parties
Applicant: Ditta Allah; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
5 July 2021
Case Number
HCAL1948/2020
Procedural Posture
Application for Leave to Apply for Judicial Review (non Refoulement/immigration) / Leave Application Refused
Outcome
Leave to apply for judicial review refused
Legal Topics
Non Refoulement, Torture Risk (part VIIC Immigration Ordinance), Article 2 HKBOR (right to Life), Article 3 HKBOR (prohibition of Torture and Inhuman Treatment), Persecution, Credibility Findings, Internal Relocation, Judicial Review Scope and Standard, Procedural Fairness
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Refugee and Asylum Law Non Refoulement Torture Risk (part VIIC Immigration Ordinance) Article 2 HKBOR (right to Life) +6 more

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Parties

Ditta Allah

Applicant

Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Application for Leave to Apply for Judicial Review (non Refoulement/immigration) / Leave Application Refused

Legal Issues

  1. 1 Whether there is a reasonably arguable case to judicially review the Board's decision
  2. 2 Whether the Board and Director erred in law or acted irrationally in assessing risk of harm
  3. 3 Whether state protection or internal relocation made return safe

Ratio Decidendi

Leave refused because the Applicant failed to identify any reasonably arguable legal error, irrationality or procedural unfairness in the Director's or Board's decisions; the Board's adverse credibility finding and conclusion that state protection and internal relocation made return safe were properly reasoned evaluations of risk that are not susceptible to judicial review absent legal error, so no prospect of success in a judicial review application existed.

Court Disposition

Leave to apply for judicial review refused

Orders

  • Leave to apply for judicial review refused