HOSSAIN ALMGIR v. CHOW SIU-HUNG, ESQ. [Decision on Leave Application]

HOSSAIN ALMGIR v. CHOW SIU-HUNG, ESQ. [Decision on Leave Application]

The Adjudicator lawfully and reasonably assessed the credibility of evidence and COI, properly considered state protection and internal relocation, complied with procedural fairness, and his findings were not Wednesbury unreasonable; the applicant failed to demonstrate errors of law, procedural unfairness or a real...

Source-derived case information.

Citation
[2019] HKCFI 1412
Parties
Applicant: Hossain Almgir; Putative Respondent: Chow Siu-hung, Esq.; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
18 June 2019
Case Number
HCAL878/2018
Procedural Posture
Judicial Review (non Refoulement Screening Decision) / Application for Leave (refused)
Outcome
Leave to apply for judicial review refused.
Legal Topics
Non Refoulement, Asylum, Convention Against Torture, Bill of Rights (bor2/bor3), Judicial Review Leave Stage, Procedural Fairness, State Protection, Internal Relocation
Source Language
en
Immigration Administrative Law Constitutional Law Human Rights Non Refoulement Asylum Convention Against Torture Bill of Rights (bor2/bor3) +4 more

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Parties

Hossain Almgir

Applicant

Chow Siu-hung, Esq.

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Judicial Review (non Refoulement Screening Decision) / Application for Leave (refused)

Legal Issues

  1. 1 Whether the Adjudicator misdirected himself in law or applied wrong standard of proof
  2. 2 Whether there was procedural unfairness in the Board hearing or in disclosure of the appeal bundle
  3. 3 Whether the Adjudicator failed to make sufficient inquiries or consider relevant/up-to-date COI

Ratio Decidendi

The Adjudicator lawfully and reasonably assessed the credibility of evidence and COI, properly considered state protection and internal relocation, complied with procedural fairness, and his findings were not Wednesbury unreasonable; the applicant failed to demonstrate errors of law, procedural unfairness or a real prospect of success, therefore leave for judicial review was refused.

Court Disposition

Leave to apply for judicial review refused.

Orders

  • Leave to apply for judicial review refused.