HALIM MIAH v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

HALIM MIAH v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

The judge dismissed leave because the Director and the Board lawfully and reasonably concluded the applicant's risk was localized and low, state protection and internal relocation were available, and no arguable legal error, irrationality or procedural unfairness was identified; judicial review cannot be used to...

Source-derived case information.

Citation
[2021] HKCFI 2630
Parties
Applicant: Halim Miah; Putative Respondent: Torture Risks Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
3 September 2021
Case Number
HCAL2188/2020
Procedural Posture
Application for Leave to Apply for Judicial Review (non Refoulement/torture/bor) / Decision on Leave Application (consideration of Documents Only)
Outcome
Leave to apply for judicial review dismissed; applicant's request to withdraw application acceded to
Legal Topics
Non Refoulement, Torture Risk, Article 3 HKBOR, Article 2 HKBOR (right to Life), Internal Relocation, Judicial Review Leave, Procedural Fairness
Source Language
en
Immigration Law Administrative Law Constitutional Law Human Rights Law Non Refoulement Torture Risk Article 3 HKBOR Article 2 HKBOR (right to Life) +3 more

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Parties

Halim Miah

Applicant

Torture Risks Appeal Board

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Application for Leave to Apply for Judicial Review (non Refoulement/torture/bor) / Decision on Leave Application (consideration of Documents Only)

Legal Issues

  1. 1 Whether the applicant faces a real and foreseeable risk of torture or ill-treatment in Bangladesh
  2. 2 Whether state/police protection and reasonable internal relocation are available
  3. 3 Whether the Director of Immigration and the Torture Risks Appeal Board committed error of law, irrationality or procedural unfairness in rejecting the claims

Ratio Decidendi

The judge dismissed leave because the Director and the Board lawfully and reasonably concluded the applicant's risk was localized and low, state protection and internal relocation were available, and no arguable legal error, irrationality or procedural unfairness was identified; judicial review cannot be used to rehear merits absent such errors.

Court Disposition

Leave to apply for judicial review dismissed; applicant's request to withdraw application acceded to

Orders

  • Leave to apply for judicial review dismissed