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

HOSSAIN ANOWAR 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 legal error, procedural unfairness or irrationality by the Director or the Adjudicator; both decision-makers applied the correct legal tests, considered the evidence and made findings of fact open to them, so there was no realistic prospect of success for judicial review.

Citation
[2020] HKCFI 1346
Parties
Applicant: Hossain Anowar; 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
26 June 2020
Case Number
HCAL1626/2018
Procedural Posture
Judicial Review Leave Application / Leave Application Refused (considered on the Papers)
Outcome
Leave to apply for judicial review refused.
Legal Topics
Non Refoulement, Torture Risk, Article 3 HKBORO, Judicial Review Leave, Procedural Fairness, Internal Relocation, State Protection
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Non Refoulement Torture Risk Article 3 HKBORO Judicial Review Leave +3 more

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Parties

Hossain Anowar

Applicant

Torture Claims Appeal Board / Non-refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Judicial Review Leave Application / Leave Application Refused (considered on the Papers)

Legal Issues

  1. 1 Whether there was an arguable case of unlawfulness, unreasonableness or procedural unfairness to justify leave for judicial review
  2. 2 Whether the Director and the TCAB Adjudicator erred in law or procedure in rejecting the non-refoulement claim
  3. 3 Whether the applicant faces a real risk of torture, cruel, inhuman or degrading treatment, persecution or deprivation of life if returned

Ratio Decidendi

Leave to apply for judicial review was refused because the applicant failed to demonstrate any arguable legal error, procedural unfairness or irrationality by the Director or the Adjudicator; both decision-makers applied the correct legal tests, considered the evidence and made findings of fact open to them, so there was no realistic prospect of success for judicial review.

Court Disposition

Leave to apply for judicial review refused.

Orders

  • Leave to apply for judicial review refused.
  • If wishing to appeal, file notice of appeal within 14 days from date of judgment and comply with Order 59 of the Rules of the High Court as set out in the notification.