IBRAR MUHAMMAD v. TORTURE CLAIMS APPEAL BOARD AND ANOTHER [Decision on Leave Application]

IBRAR MUHAMMAD v. TORTURE CLAIMS APPEAL BOARD AND ANOTHER [Decision on Leave Application]

Leave was refused because the Applicant failed to identify any reasonably arguable error of law, procedural unfairness or irrationality in the Director’s and the Board’s decisions; their assessments that the risk was localized, that state protection and internal relocation were available, and that the Applicant...

Source-derived case information.

Citation
[2022] HKCFI 2245
Parties
Applicant: Ibrar Muhammad; 1st Putative Respondent: Torture Claims Appeal Board; 2nd Putative Respondent: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
22 July 2022
Case Number
HCAL102/2019
Procedural Posture
Application for Leave to Apply for Judicial Review / Decision on Leave Application Refused
Outcome
Leave to apply for judicial review refused.
Legal Topics
Non Refoulement, Torture Risk, Article 2 HKBOR (right to Life), Article 3 HKBOR (no Torture or Inhuman Treatment), Internal Relocation, State Acquiescence, Credibility Assessment, Wednesbury Irrationality/unfairness, Country of Origin Information
Source Language
en
Constitutional Law Administrative Law Immigration Law Human Rights Law Non Refoulement Torture Risk Article 2 HKBOR (right to Life) Article 3 HKBOR (no Torture or Inhuman Treatment) +5 more

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Parties

Ibrar Muhammad

Applicant

Torture Claims Appeal Board

1st Putative Respondent

Director of Immigration

2nd Putative Respondent

Procedural Posture

Application for Leave to Apply for Judicial Review / Decision on Leave Application Refused

Legal Issues

  1. 1 Whether there was state acquiescence or failure of due diligence by Pakistani authorities
  2. 2 Whether the Director and the Board failed to give proper weight to Country of Origin Information
  3. 3 Whether the Applicant faced a real risk of torture or violations of non-derogable rights on return

Ratio Decidendi

Leave was refused because the Applicant failed to identify any reasonably arguable error of law, procedural unfairness or irrationality in the Director’s and the Board’s decisions; their assessments that the risk was localized, that state protection and internal relocation were available, and that the Applicant lacked credibility were lawful and within their primary fact-finding role, so there was no prospect of success on judicial review.

Court Disposition

Leave to apply for judicial review refused.

Orders

  • Leave to apply for judicial review refused