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

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

The second application for leave was an abuse of process and barred by res judicata because the same grounds had been previously considered and leave refused; the Board's decision contained no error of law or procedural unfairness and the applicant's grounds were not reasonably arguable, therefore the leave application is struck out and dismissed.

Citation
[2020] HKCFI 945
Parties
Applicant: Farooq Muhammad; Putative Respondent: Torture Claims Appeal Board / Non-Refoulement Claims Petition Office
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
23 June 2020
Case Number
HCAL235/2018
Procedural Posture
Judicial Review Leave Application / Leave Application (struck Out and Dismissed)
Outcome
struck out and dismissed
Legal Topics
Non Refoulement, Torture Risk, Internal Relocation, Credibility Assessment, Res Judicata, Abuse of Process, Leave to Apply for Judicial Review
Source Language
EN
Immigration Law Constitutional Law Administrative Law Public International Law Non Refoulement Torture Risk Internal Relocation Credibility Assessment +3 more

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Parties

Farooq Muhammad

Applicant

Torture Claims Appeal Board / Non-Refoulement Claims Petition Office

Putative Respondent

Procedural Posture

Judicial Review Leave Application / Leave Application (struck Out and Dismissed)

Legal Issues

  1. 1 Whether the Board erred in rejecting the applicant's credibility
  2. 2 Whether the Board failed to consider extended state acquiescence
  3. 3 Whether the Board failed to consider Country of Origin Information adequately

Ratio Decidendi

The second application for leave was an abuse of process and barred by res judicata because the same grounds had been previously considered and leave refused; the Board's decision contained no error of law or procedural unfairness and the applicant's grounds were not reasonably arguable, therefore the leave application is struck out and dismissed.

Court Disposition

struck out and dismissed

Orders

  • The application for leave to apply for judicial review is struck out and dismissed.