FAROOQ MUHAMMAD ZAHID v. THE DIRECTOR OF IMMIGRATION AND ANOTHER [Decision on Leave Application]

FAROOQ MUHAMMAD ZAHID v. THE DIRECTOR OF IMMIGRATION AND ANOTHER [Decision on Leave Application]

Leave was refused because the applicant failed to plead specific, reasonably arguable grounds of legal error or procedural unfairness; the Director and the Board made lawful, rational findings that the risk was localized, police protection and internal relocation in Pakistan were available, and there was no...

Source-derived case information.

Citation
[2020] HKCFI 227
Parties
Applicant: Farooq Muhammad Zahid; 1st Putative Respondent: The Director of Immigration; 2nd Putative Respondent: The Adjudicator of the Non-refoulement Claims Petition Office
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
7 July 2020
Case Number
HCAL840/2018
Procedural Posture
Judicial Review (leave to Apply) / Leave Application Refused
Outcome
Leave to apply for judicial review refused
Legal Topics
Non Refoulement, Torture Risk, Internal Relocation, Procedural Fairness, Leave to Apply for Judicial Review
Source Language
en
Constitutional Law Administrative Law Immigration Law Human Rights Law Non Refoulement Torture Risk Internal Relocation Procedural Fairness +1 more

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Parties

Farooq Muhammad Zahid

Applicant

The Director of Immigration

1st Putative Respondent

The Adjudicator of the Non-refoulement Claims Petition Office

2nd Putative Respondent

Procedural Posture

Judicial Review (leave to Apply) / Leave Application Refused

Legal Issues

  1. 1 Whether the Director and the Torture Claims Appeal Board erred in law in assessing the applicant's non-refoulement/torture claim
  2. 2 Whether there was procedural unfairness in the adjudication, specifically denial of opportunity to arrange evidence
  3. 3 Whether state protection or reasonable internal relocation in Pakistan negates a real risk of harm

Ratio Decidendi

Leave was refused because the applicant failed to plead specific, reasonably arguable grounds of legal error or procedural unfairness; the Director and the Board made lawful, rational findings that the risk was localized, police protection and internal relocation in Pakistan were available, and there was no identifiable legal error or unfairness warranting judicial review.

Court Disposition

Leave to apply for judicial review refused

Orders

  • Leave to apply for judicial review refused.