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

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

The adjudicator's adverse credibility findings and disbelief of key documentary evidence were rational and supported by inconsistencies and indicators of forgery; the applicant failed to present particularised, arguable legal errors or procedural unfairness and failed to show that internal relocation was not viable; therefore there were no reasonably arguable grounds for judicial review and leave was refused as the decision was not Wednesbury unreasonable.

Citation
[2018] HKCFI 1515
Parties
Applicant: Eunuch Mohammad; 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
12 July 2018
Case Number
HCAL568/2017
Procedural Posture
Application for Leave to Apply for Judicial Review / Decision on Leave Application (refused)
Outcome
Leave to apply for judicial review refused
Legal Topics
Non Refoulement, Risk of Torture/cidtp, Persecution Under Refugee Convention, Credibility Assessment, Internal Relocation, Judicial Review Leave Test, Procedural Fairness, Wednesbury Unreasonableness
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Non Refoulement Risk of Torture/cidtp Persecution Under Refugee Convention Credibility Assessment +4 more

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Parties

Eunuch Mohammad

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 (refused)

Legal Issues

  1. 1 Whether the adjudicator erred in assessing credibility
  2. 2 Whether the adjudicator failed to consider up-to-date Country of Origin Information
  3. 3 Whether there was procedural unfairness or inadequate time/preparation for the applicant

Ratio Decidendi

The adjudicator's adverse credibility findings and disbelief of key documentary evidence were rational and supported by inconsistencies and indicators of forgery; the applicant failed to present particularised, arguable legal errors or procedural unfairness and failed to show that internal relocation was not viable; therefore there were no reasonably arguable grounds for judicial review and leave was refused as the decision was not Wednesbury unreasonable.

Court Disposition

Leave to apply for judicial review refused

Orders

  • Leave to apply for judicial review refused (12 July 2018)