HOSSAIN MOHAMMAD RAHAT v. WONG CHUN-KONG, ESQ. [Decision on Leave Application]

HOSSAIN MOHAMMAD RAHAT v. WONG CHUN-KONG, ESQ. [Decision on Leave Application]

The adjudicator's detailed finding that the applicant's account and documents were unbelievable, implausible and unreliable, with inconsistencies and implausibilities going to the core of the claim, meant the applicant failed to establish any real risk under the applicable grounds; consequently the leave application...

Source-derived case information.

Citation
[2018] HKCFI 49
Parties
Applicant: Hossain Mohammad Rahat; Putative Respondent: WONG Chun-Kong, ESQ.; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
26 January 2018
Case Number
HCAL368/2017
Procedural Posture
Application for Leave to Apply for Judicial Review / Decision on Leave (refused)
Outcome
Leave to apply for judicial review refused
Legal Topics
Non Refoulement, Refugee Status and Persecution, Torture and CIDTP, Credibility Assessment, Judicial Review Leave, Wednesbury Unreasonableness
Source Language
en
Constitutional and Administrative Law Immigration Law Human Rights Law Non Refoulement Refugee Status and Persecution Torture and CIDTP Credibility Assessment Judicial Review Leave +1 more

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Parties

Hossain Mohammad Rahat

Applicant

WONG Chun-Kong, ESQ.

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

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

Legal Issues

  1. 1 Whether applicant established real risk of persecution if returned to Bangladesh
  2. 2 Whether applicant established real risk of torture as defined in s37U Immigration Ordinance/CAT
  3. 3 Whether applicant established real risk of CIDTP under Article 3 HKBORO/ICCPR Article 7

Ratio Decidendi

The adjudicator's detailed finding that the applicant's account and documents were unbelievable, implausible and unreliable, with inconsistencies and implausibilities going to the core of the claim, meant the applicant failed to establish any real risk under the applicable grounds; consequently the leave application was not reasonably arguable and was refused.

Court Disposition

Leave to apply for judicial review refused

Orders

  • Leave to apply for judicial review refused