HOWLADER IBRAHIM v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

HOWLADER IBRAHIM v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

The leave application was dismissed because the TCAB's adverse credibility finding and its assessment of COI and risk were not shown to involve an error of law, procedural unfairness or irrationality, and therefore the court will not substitute its view for the primary factual assessment made by the TCAB.

Source-derived case information.

Citation
[2025] HKCFI 3945
Parties
Applicant: Howlader Ibrahim; 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
3 September 2025
Case Number
HCAL1093/2020
Procedural Posture
Application for Leave to Apply for Judicial Review / Decision on Leave Application (dismissed)
Outcome
Application for leave to apply for judicial review dismissed.
Legal Topics
Leave Application, Credibility Assessment, Country of Origin Information, Right to Life (bor Article 2), Procedural Fairness, Standard of Judicial Review
Source Language
en
Constitutional Law Administrative Law Immigration Law Human Rights Law Non Refoulement Leave Application Credibility Assessment Country of Origin Information +3 more

Source-derived case record

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Parties

Howlader Ibrahim

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 / Decision on Leave Application (dismissed)

Legal Issues

  1. 1 Whether the TCAB owed and breached a greater duty of care to a self-represented claimant
  2. 2 Whether the TCAB failed to assess the applicant's right to life under BOR Article 2
  3. 3 Whether the TCAB improperly relied on unrecognised or outdated country of origin information (COI)

Ratio Decidendi

The leave application was dismissed because the TCAB's adverse credibility finding and its assessment of COI and risk were not shown to involve an error of law, procedural unfairness or irrationality, and therefore the court will not substitute its view for the primary factual assessment made by the TCAB.

Court Disposition

Application for leave to apply for judicial review dismissed.

Orders

  • Form 86 be amended to name the Director of Immigration as the only putative interested party.
  • The application for leave to apply for judicial review is dismissed.