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

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

Leave refused because the applicant failed to identify any reasonably arguable legal error, irrationality or procedural unfairness in the Director's or Board's decisions; the Board's adverse credibility finding was supportable on the evidence and credible internal relocation was available, so there was no prospect of success on judicial review.

Citation
[2021] HKCFI 1226
Parties
Applicant: Idrees Muhammad Usman; 1st Putative Respondent: Torture Claims Appeal Board; 2nd Putative Respondent: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
4 May 2021
Case Number
HCAL1360/2018
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application Refused
Outcome
Leave to apply for judicial review refused
Legal Topics
Non Refoulement, Torture, Credibility Assessment, Internal Relocation, Judicial Review Leave Standard
Source Language
EN
Administrative Law Constitutional Law Immigration Law Human Rights Law Non Refoulement Torture Credibility Assessment Internal Relocation +1 more

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Parties

Idrees Muhammad Usman

Applicant

Torture Claims Appeal Board

1st Putative Respondent

Director of Immigration

2nd Putative Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether leave should be granted to challenge decisions of the Director of Immigration and the Torture Claims Appeal Board
  2. 2 Whether applicant faces a real risk of violation of rights under HKBOR Articles 2 or 3 or persecution under Article 33 of the 1951 Refugee Convention
  3. 3 Whether internal relocation within Pakistan would avoid the risk

Ratio Decidendi

Leave refused because the applicant failed to identify any reasonably arguable legal error, irrationality or procedural unfairness in the Director's or Board's decisions; the Board's adverse credibility finding was supportable on the evidence and credible internal relocation was available, 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