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

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

Leave to apply for judicial review was refused because the applicant failed to demonstrate any arguable ground of unlawfulness, unreasonableness or procedural unfairness by the Director or Adjudicator, the Adjudicator's decision was open on the facts and reasonable, and an appeal to the TCAB treated as a rehearing removes the Director's decision from reviewability in these circumstances.

Citation
[2018] HKCFI 2213
Parties
Applicant: Haldar Based; 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
4 December 2018
Case Number
HCAL951/2017
Procedural Posture
Application for Leave to Apply for Judicial Review / Considered on the Papers; Leave Refused
Outcome
Leave to apply for judicial review refused.
Legal Topics
Non Refoulement, Torture Risk, Leave to Apply for Judicial Review, Unified Screening Mechanism, Procedural Fairness, Standard of Proof, Effect of Appeal/rehearing on Reviewability
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Non Refoulement Torture Risk Leave to Apply for Judicial Review Unified Screening Mechanism +3 more

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Parties

Haldar Based

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 / Considered on the Papers; Leave Refused

Legal Issues

  1. 1 Whether the applicant established an arguable ground of unlawfulness, unreasonableness or unfairness to justify leave for judicial review
  2. 2 Whether the Adjudicator or Director committed error of law or procedural unfairness in assessing non-refoulement claims under the Unified Screening Mechanism
  3. 3 Whether the appeal to the Torture Claims Appeal Board as a rehearing precludes judicial review of the Director's decision

Ratio Decidendi

Leave to apply for judicial review was refused because the applicant failed to demonstrate any arguable ground of unlawfulness, unreasonableness or procedural unfairness by the Director or Adjudicator, the Adjudicator's decision was open on the facts and reasonable, and an appeal to the TCAB treated as a rehearing removes the Director's decision from reviewability in these circumstances.

Court Disposition

Leave to apply for judicial review refused.

Orders

  • Leave to apply for judicial review refused.