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

HOSSAIN MD FARH 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 advanced broad, vague and unparticularised grounds without realistic prospects of success; the Board and Director lawfully and reasonably found no specific targeting or state involvement, internal relocation in Bangladesh was available, credibility...

Source-derived case information.

Citation
[2018] HKCFI 2202
Parties
Applicant: Hossain Md Farhad; 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
28 September 2018
Case Number
HCAL1056/2017
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application Refused
Outcome
Leave to apply for judicial review refused
Legal Topics
Non Refoulement, Torture/article 3 BOR, Right to Life/article 2 BOR, Internal Relocation (internal Flight Alternative), Procedural Fairness and Fair Hearing, Leave to Apply for Judicial Review, Standard of Review Anxious Scrutiny/rigorous Examination
Source Language
en
Immigration Law Constitutional Law Administrative Law Human Rights Law Refugee Law Non Refoulement Torture/article 3 BOR Right to Life/article 2 BOR +4 more

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Parties

Hossain Md Farhad

Applicant

Torture Claims Appeal Board / Non-Refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Application for Leave to Apply for Judicial Review / Leave Application Refused

Legal Issues

  1. 1 Whether the Board and Director erred in law in rejecting the non-refoulement claim
  2. 2 Whether the applicant faced a real risk of torture or cruel, inhuman or degrading treatment (BOR Article 3)
  3. 3 Whether the applicant faced risk to life (BOR Article 2)

Ratio Decidendi

Leave to apply for judicial review was refused because the applicant advanced broad, vague and unparticularised grounds without realistic prospects of success; the Board and Director lawfully and reasonably found no specific targeting or state involvement, internal relocation in Bangladesh was available, credibility findings were open on the evidence and no procedural unfairness was established.

Court Disposition

Leave to apply for judicial review refused

Orders

  • Leave to apply for judicial review refused