HASHEM MD ABUL v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

HASHEM MD ABUL v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

The application for leave was dismissed because the applicant failed to identify any reasonably arguable legal error, irrationality or procedural unfairness in the Director's or Board's decisions; the Board's adverse credibility findings and conclusions that state protection or reasonable internal relocation were...

Source-derived case information.

Citation
[2025] HKCFI 6174
Parties
Applicant: Hashem Md Abul; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
17 December 2025
Case Number
HCAL741/2022
Procedural Posture
Application for Leave to Apply for Judicial Review / Decision on Leave Application (dismissed)
Outcome
Application for leave to apply for judicial review dismissed
Legal Topics
Non Refoulement, Torture Risk, Credibility Assessment, Internal Relocation, Judicial Review Leave
Source Language
en
Constitutional Law Administrative Law Immigration Law Human Rights Law Non Refoulement Torture Risk Credibility Assessment Internal Relocation +1 more

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Parties

Hashem Md Abul

Applicant

Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Application for Leave to Apply for Judicial Review / Decision on Leave Application (dismissed)

Legal Issues

  1. 1 Whether the applicant faces a real and foreseeable risk of torture or other violation of non-derogable rights on return
  2. 2 Whether the Board or Director made errors of law, irrationality or procedural unfairness warranting judicial review
  3. 3 Whether internal relocation within Bangladesh is a reasonable alternative to protection

Ratio Decidendi

The application for leave was dismissed because the applicant failed to identify any reasonably arguable legal error, irrationality or procedural unfairness in the Director's or Board's decisions; the Board's adverse credibility findings and conclusions that state protection or reasonable internal relocation were available were open on the evidence and not susceptible to judicial review as errors of law.

Court Disposition

Application for leave to apply for judicial review dismissed

Orders

  • The application for leave to apply for judicial review be dismissed.