HUSSAIN IFTIKHAR v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE AND ANOTHER [Decision on Leave Application]

HUSSAIN IFTIKHAR v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE AND ANOTHER [Decision on Leave Application]

Leave to apply for judicial review was refused because the applicant failed to establish exceptional circumstances to permit review of the Director's decision, the alleged procedural irregularity was addressed by the Board's fresh hearing, and the applicant lacked a real prospect of success on grounds challenging credibility, state protection and discretionary assessments.

Citation
[2019] HKCFI 1911
Parties
Applicant: Hussain Iftikhar; 1st Putative Respondent: Torture Claims Appeal Board/Non-refoulement Claims Petition Office; 2nd Putative Respondent: The Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
29 July 2019
Case Number
HCAL1354/2018
Procedural Posture
Judicial Review / Leave Application (order 53 R.3) Decision on Leave
Outcome
Leave to apply for judicial review refused; application dismissed.
Legal Topics
Non Refoulement, Torture Claims, State Protection, Procedural Fairness, Leave to Apply for Judicial Review, Country of Origin Information
Source Language
EN
Immigration Law Administrative Law Constitutional Law Human Rights Law Non Refoulement Torture Claims State Protection Procedural Fairness +2 more

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Parties

Hussain Iftikhar

Applicant

Torture Claims Appeal Board/Non-refoulement Claims Petition Office

1st Putative Respondent

The Director of Immigration

2nd Putative Respondent

Procedural Posture

Judicial Review / Leave Application (order 53 R.3) Decision on Leave

Legal Issues

  1. 1 Whether applicant may judicially review the Director's decision absent exceptional circumstances when a statutory appeal to the Board exists
  2. 2 Whether the alleged procedural irregularity under s.37ZB (failure to hold interview) was material and remedied
  3. 3 Whether the Board's adverse credibility and state protection findings were reviewable on judicial review grounds

Ratio Decidendi

Leave to apply for judicial review was refused because the applicant failed to establish exceptional circumstances to permit review of the Director's decision, the alleged procedural irregularity was addressed by the Board's fresh hearing, and the applicant lacked a real prospect of success on grounds challenging credibility, state protection and discretionary assessments.

Court Disposition

Leave to apply for judicial review refused; application dismissed.

Orders

  • Leave refused
  • Application dismissed