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

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

Leave refused because the applicant failed to show any reasonably arguable legal error or procedural unfairness in the Director's or the Board's decisions; the Board's adverse credibility findings were open to it after oral testimony, the applicant had earlier legal assistance and no specific evidence of translation...

Source-derived case information.

Citation
[2020] HKCFI 1421
Parties
Applicant: Ijaz Muhammad; 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
8 July 2020
Case Number
HCAL1541/2018
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 Risk, HKBOR Article 2, HKBOR Article 3, Judicial Review, Credibility Assessment, Internal Relocation
Source Language
en
Immigration Law Constitutional Law Administrative Law Human Rights Non Refoulement Torture Risk HKBOR Article 2 HKBOR Article 3 +3 more

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Parties

Ijaz Muhammad

Applicant

Torture Claims Appeal Board / Non-refoulement Claims Petition Office

1st Putative Respondent

The Director of Immigration

2nd Putative Respondent

Procedural Posture

Application for Leave to Apply for Judicial Review / Leave Application (refused)

Legal Issues

  1. 1 Whether applicant was denied fair process by lack of legal representation at appeal
  2. 2 Whether applicant was denied language assistance/translation of hearing bundle
  3. 3 Whether the Director and the Board made legal errors or procedural unfairness in assessing risk and credibility

Ratio Decidendi

Leave refused because the applicant failed to show any reasonably arguable legal error or procedural unfairness in the Director's or the Board's decisions; the Board's adverse credibility findings were open to it after oral testimony, the applicant had earlier legal assistance and no specific evidence of translation failure was advanced, and reasonable internal relocation and state protection were found to be available.

Court Disposition

Leave to apply for judicial review refused.

Orders

  • Leave to apply for judicial review refused.