HOSSAN MOHAMMAD ANWAR v. THE DIRECTOR OF IMMIGRATION AND ANOTHER [Decision on Leave Application]

HOSSAN MOHAMMAD ANWAR v. THE DIRECTOR OF IMMIGRATION AND ANOTHER [Decision on Leave Application]

Leave was refused because (1) an applicant cannot seek judicial review of the Director's screening decision absent exceptional circumstances given the statutory appeal to the Board, and (2) the applicant failed to plead substantive, particularised grounds or show a reasonable prospect of success against the Board's decision which reasonably found a private land dispute, no political persecution, injuries not amounting to torture, and internal relocation available.

Citation
[2019] HKCFI 394
Parties
Applicant: Hossan Mohammad Anwar; 1st Putative Respondent: The Director of Immigration; 2nd Putative Respondent: The Adjudicator of the Non-refoulement Claims Petition Office
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
22 February 2019
Case Number
HCAL1124/2018
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application Stage
Outcome
Leave to apply for judicial review refused; application dismissed.
Legal Topics
Non‑refoulement, Torture, Ill‑treatment (cidtp), Leave to Apply for Judicial Review, Procedural Fairness, Burden of Proof, Country of Origin Information, Internal Relocation/relocation Alternative
Source Language
EN
Administrative Law Immigration Law Constitutional Law Human Rights Law Refugee Law Non‑refoulement Torture Ill‑treatment (cidtp) +5 more

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Parties

Hossan Mohammad Anwar

Applicant

The Director of Immigration

1st Putative Respondent

The Adjudicator of the Non-refoulement Claims Petition Office

2nd Putative Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether an applicant may seek judicial review of the Director of Immigration's screening decision in the absence of exceptional circumstances
  2. 2 Whether the Board's decision was vitiated by procedural unfairness or failure to consider material country information
  3. 3 Whether the applicant substantiated a real risk of torture, CIDTP or persecution and whether relocation was a viable alternative

Ratio Decidendi

Leave was refused because (1) an applicant cannot seek judicial review of the Director's screening decision absent exceptional circumstances given the statutory appeal to the Board, and (2) the applicant failed to plead substantive, particularised grounds or show a reasonable prospect of success against the Board's decision which reasonably found a private land dispute, no political persecution, injuries not amounting to torture, and internal relocation available.

Court Disposition

Leave to apply for judicial review refused; application dismissed.

Orders

  • Grant of leave refused
  • Application for leave dismissed