ISLAM HOSSAIN v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

ISLAM HOSSAIN v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

The adjudicator lawfully applied the correct legal standards to the applicant's evidence, properly weighed hearsay and lack of severe harm or State involvement, found State protection available on COI, identified that many grounds lacked particulars and were not arguable, and therefore there was no error of law or...

Source-derived case information.

Citation
[2018] HKCFI 1582
Parties
Applicant: Islam Hossain; Putative Respondent: Torture Claims Appeal Board / Non-Refoulement Claims Petition Office; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
18 July 2018
Case Number
HCAL693/2017
Procedural Posture
Application for Leave to Apply for Judicial Review (immigration/non Refoulement) / Leave Application Refused; Notification of Judge's Decision
Outcome
Leave to apply for judicial review refused
Legal Topics
Non Refoulement, Torture/cat, Convention Against Torture, Hong Kong Bill of Rights (articles 2 and 3), ICCPR (articles 6 and 7), Country of Origin Information, Wednesbury Unreasonableness, Leave to Apply for Judicial Review, Procedural Fairness
Source Language
en
Constitutional Law Administrative Law Immigration Law Human Rights Law Refugee Law Non Refoulement Torture/cat Convention Against Torture +6 more

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Parties

Islam Hossain

Applicant

Torture Claims Appeal Board / Non-Refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Application for Leave to Apply for Judicial Review (immigration/non Refoulement) / Leave Application Refused; Notification of Judge's Decision

Legal Issues

  1. 1 Whether the adjudicator erred in law in rejecting non-refoulement/torture/CIDTP/refugee claims
  2. 2 Whether there is a real risk of torture or ill-treatment on return to Bangladesh
  3. 3 Whether State protection was available

Ratio Decidendi

The adjudicator lawfully applied the correct legal standards to the applicant's evidence, properly weighed hearsay and lack of severe harm or State involvement, found State protection available on COI, identified that many grounds lacked particulars and were not arguable, and therefore there was no error of law or procedural unfairness; leave to apply for judicial review is refused.

Court Disposition

Leave to apply for judicial review refused

Orders

  • Leave to apply for judicial review is refused
  • Notification of decision sent to parties on 18 July 2018