HUSSAIN BABAR v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

HUSSAIN BABAR v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

The leave application was dismissed because the applicant failed to identify any arguable legal error, irrationality or procedural unfairness in the Director's or the Board's decisions; the Board's adverse credibility findings, the assessment that any past ill-treatment was localized and of low intensity, the...

Source-derived case information.

Citation
[2022] HKCFI 2306
Parties
Applicant: Hussain Babar; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
27 July 2022
Case Number
HCAL616/2019
Procedural Posture
Application for Leave to Apply for Judicial Review / Decision on Leave Application (leave Dismissed)
Outcome
Leave application dismissed
Legal Topics
Non Refoulement, Torture Risk, Right to Life (bor 2), Prohibition of Torture (bor 3), Internal Relocation, Judicial Review Leave
Source Language
en
Immigration Law Constitutional Law Administrative Law Human Rights Non Refoulement Torture Risk Right to Life (bor 2) Prohibition of Torture (bor 3) +2 more

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Parties

Hussain Babar

Applicant

Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant established an arguable BOR 2 (right to life) claim
  2. 2 Whether the applicant faces a real risk of torture or persecution on return
  3. 3 Whether state protection or reasonable internal relocation are available

Ratio Decidendi

The leave application was dismissed because the applicant failed to identify any arguable legal error, irrationality or procedural unfairness in the Director's or the Board's decisions; the Board's adverse credibility findings, the assessment that any past ill-treatment was localized and of low intensity, the availability of state protection and reasonable internal relocation, and the conclusion that BOR 2 was not engaged together meant there was no reasonably arguable basis for judicial review of the non-refoulement decisions.

Court Disposition

Leave application dismissed

Orders

  • The application for leave to apply for judicial review be dismissed.