EZEDIANYINMA PATRICK OBINNA v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

EZEDIANYINMA PATRICK OBINNA v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Leave was refused because the applicant failed to identify any arguable legal error, procedural unfairness or irrationality in the Director's and Board's fact-based assessments that the risk from Boko Haram to him was low, that he had not been specifically targeted, and that reasonable internal relocation within southern Nigeria was available; therefore there was no realistic prospect of success to justify granting leave.

Citation
[2020] HKCFI 468
Parties
Applicant: Ezedianyinma Patrick Obinna; Putative Respondent: Torture Claims Appeal Board
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
9 June 2020
Case Number
HCAL297/2018
Procedural Posture
Judicial Review Leave Application / Leave Application Refused
Outcome
Leave to apply for judicial review refused
Legal Topics
Non Refoulement, Torture Risk (part Viic), Article 3 HKBOR, Internal Relocation, Leave to Apply for Judicial Review, Standard of Review
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Non Refoulement Torture Risk (part Viic) Article 3 HKBOR Internal Relocation +2 more

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Parties

Ezedianyinma Patrick Obinna

Applicant

Torture Claims Appeal Board

Putative Respondent

Procedural Posture

Judicial Review Leave Application / Leave Application Refused

Legal Issues

  1. 1 Whether the applicant faces a real risk of torture or ill-treatment by Boko Haram if returned to Nigeria
  2. 2 Whether reasonable internal relocation within Nigeria is available to avoid risk
  3. 3 Whether the Director and the Board committed legal error, procedural unfairness or irrationality in assessing risk

Ratio Decidendi

Leave was refused because the applicant failed to identify any arguable legal error, procedural unfairness or irrationality in the Director's and Board's fact-based assessments that the risk from Boko Haram to him was low, that he had not been specifically targeted, and that reasonable internal relocation within southern Nigeria was available; therefore there was no realistic prospect of success to justify granting leave.

Court Disposition

Leave to apply for judicial review refused

Orders

  • Time for filing extended by two days
  • Leave to apply for judicial review refused