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

HOSSAN MD SANOWAR 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 error of law, procedural unfairness or irrationality in the Board's decision; the Board's assessment of evidence, state protection and internal relocation fell within its primary fact‑finding province and the applicant had no reasonable prospect of success.

Citation
[2020] HKCFI 1535
Parties
Applicant: Hossan Md Sanowar; Putative Respondent: Torture Claims Appeal Board/Non-refoulement Claims Petition Office
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
13 July 2020
Case Number
HCAL1838/2018
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Stage — Refused
Outcome
Leave to apply for judicial review refused; applicant's application dismissed.
Legal Topics
Non Refoulement, Torture/cidtp, Risk Assessment, Internal Relocation, Procedural Fairness, Judicial Review — Leave
Source Language
EN
Immigration Constitutional Law Administrative Law Human Rights Refugee Law Non Refoulement Torture/cidtp Risk Assessment +3 more

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Parties

Hossan Md Sanowar

Applicant

Torture Claims Appeal Board/Non-refoulement Claims Petition Office

Putative Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the Board erred in law in its assessment of risk of torture or CIDTP
  2. 2 Whether state protection would be available on return to Bangladesh
  3. 3 Whether internal relocation was a viable alternative

Ratio Decidendi

Leave to apply for judicial review was refused because the applicant failed to demonstrate any arguable error of law, procedural unfairness or irrationality in the Board's decision; the Board's assessment of evidence, state protection and internal relocation fell within its primary fact‑finding province and the applicant had no reasonable prospect of success.

Court Disposition

Leave to apply for judicial review refused; applicant's application dismissed.

Orders

  • Leave to apply for judicial review refused
  • Application dismissed