HOSSAIN ZAFARAPPLICANT v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

HOSSAIN ZAFARAPPLICANT v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

The applicant failed to identify any reasonably arguable legal error, procedural unfairness or irrationality in the Director's and Board's decisions; both bodies reasonably assessed low risk, questioned credibility, and found internal relocation available, so there was no prospect of success and leave was refused.

Source-derived case information.

Citation
[2021] HKCFI 1554
Parties
Applicant: Hossain Zafar; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
31 May 2021
Case Number
HCAL1099/2018
Procedural Posture
Application for Leave to Apply for Judicial Review (immigration/non Refoulement) / Leave Application Refused at First Instance
Outcome
Leave to apply for judicial review refused
Legal Topics
Non Refoulement, Torture Risk, Internal Relocation, Leave to Apply for Judicial Review, Credibility Assessment, Procedural Fairness
Source Language
en
Constitutional and Administrative Law Immigration Human Rights Refugee Law Non Refoulement Torture Risk Internal Relocation Leave to Apply for Judicial Review +2 more

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Parties

Hossain Zafar

Applicant

Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Application for Leave to Apply for Judicial Review (immigration/non Refoulement) / Leave Application Refused at First Instance

Legal Issues

  1. 1 Whether leave to apply for judicial review should be granted
  2. 2 Whether the Director of Immigration and the Torture Claims Appeal Board committed an error of law, procedural unfairness or irrationality
  3. 3 Whether the applicant faces real risk of torture, death or other Convention/HKBOR breaches on return to India

Ratio Decidendi

The applicant failed to identify any reasonably arguable legal error, procedural unfairness or irrationality in the Director's and Board's decisions; both bodies reasonably assessed low risk, questioned credibility, and found internal relocation available, so there was no prospect of success and leave was refused.

Court Disposition

Leave to apply for judicial review refused

Orders

  • Leave to apply for judicial review refused