EHSAN QADIR v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

EHSAN QADIR v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

Leave to apply for judicial review was refused because the Director's decision was not susceptible to review once an appeal to the Board was pursued and because the Board's factual findings were final and supported by the evidence; the applicant failed to demonstrate a reasonable prospect of success on his grounds of challenge.

Citation
[2019] HKCFI 2633
Parties
Applicant: Ehsan Qadir; Putative Respondent: Director of Immigration; Putative Respondent: Michael Collier Jenkins, Adjudicator of the Non-refoulement Claims Petition Office
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
25 October 2019
Case Number
HCAL323/2017
Procedural Posture
Judicial Review (leave to Apply) / Leave Application Refused (notification of Decision)
Outcome
Leave to apply for judicial review refused; application dismissed.
Legal Topics
Non Refoulement, Torture and CIDTP, Risk Assessment, State Protection and Acquiescence, Procedural Fairness, Judicial Review Leave Stage, Consolidation of Proceedings
Source Language
EN
Constitutional and Administrative Law Immigration Law Human Rights Law Refugee Law Non Refoulement Torture and CIDTP Risk Assessment State Protection and Acquiescence +3 more

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Parties

Ehsan Qadir

Applicant

Director of Immigration

Putative Respondent

Michael Collier Jenkins, Adjudicator of the Non-refoulement Claims Petition Office

Putative Respondent

Procedural Posture

Judicial Review (leave to Apply) / Leave Application Refused (notification of Decision)

Legal Issues

  1. 1 Whether the Director's decision is susceptible to judicial review once an appeal to the Board is pursued
  2. 2 Whether the applicant faces a real risk of torture, CIDTP, persecution or arbitrary deprivation of life if returned to Pakistan
  3. 3 Whether the Director and the Board failed to take into account state acquiescence and police corruption in Pakistan

Ratio Decidendi

Leave to apply for judicial review was refused because the Director's decision was not susceptible to review once an appeal to the Board was pursued and because the Board's factual findings were final and supported by the evidence; the applicant failed to demonstrate a reasonable prospect of success on his grounds of challenge.

Court Disposition

Leave to apply for judicial review refused; application dismissed.

Orders

  • HCAL 323/2017 consolidated with HCAL 508/2017
  • Leave to apply for judicial review refused