HOSAIN MOHAMMAD v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

HOSAIN MOHAMMAD v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Leave to apply for judicial review was dismissed because the Applicant failed to identify any reasonably arguable error of law, irrationality or procedural unfairness in the Director’s and Board’s decisions; the risk was properly assessed as localized with available state protection and reasonable internal relocation, and therefore there was no prospect of success.

Citation
[2021] HKCFI 362
Parties
Applicant: Hosain Mohammad; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
16 February 2021
Case Number
HCAL999/2018
Procedural Posture
Judicial Review (leave to Apply) / Leave Application – Dismissed
Outcome
Application for leave to apply for judicial review dismissed.
Legal Topics
Non Refoulement, Torture Risk, Article 3 HKBOR (cruel, Inhuman or Degrading Treatment), Article 2 HKBOR (right to Life), Internal Relocation, Procedural Fairness, Leave to Apply for Judicial Review
Source Language
EN
Immigration Constitutional Law Administrative Law Human Rights Non Refoulement Torture Risk Article 3 HKBOR (cruel, Inhuman or Degrading Treatment) Article 2 HKBOR (right to Life) +3 more

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Parties

Hosain Mohammad

Applicant

Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Judicial Review (leave to Apply) / Leave Application – Dismissed

Legal Issues

  1. 1 Whether the Board and Director erred in law or acted irrationally in rejecting non-refoulement protection
  2. 2 Whether alleged risk from local political supporters amounts to torture or persecution engaging BOR Articles 2 or 3
  3. 3 Whether internal relocation within Bangladesh is a reasonable alternative negating non-refoulement

Ratio Decidendi

Leave to apply for judicial review was dismissed because the Applicant failed to identify any reasonably arguable error of law, irrationality or procedural unfairness in the Director’s and Board’s decisions; the risk was properly assessed as localized with available state protection and reasonable internal relocation, and therefore there was no prospect of success.

Court Disposition

Application for leave to apply for judicial review dismissed.

Orders

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