ISLAM MD ARIFUL v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

ISLAM MD ARIFUL v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Leave was refused because the applicant failed to identify any reasonably arguable legal error, irrationality or procedural unfairness in the Director's or the Board's decisions; both decision-makers reasonably assessed the evidence, concluded the risk was low, state protection and internal relocation were available, and the applicant later confirmed his problems in Bangladesh had been resolved, so there was no prospect of success for judicial review.

Citation
[2023] HKCFI 3318
Parties
Applicant: Islam Md Ariful; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
28 December 2023
Case Number
HCAL1572/2020
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application Dismissed
Outcome
The application for leave to apply for judicial review is dismissed.
Legal Topics
Non Refoulement, Torture Risk, Internal Relocation, Judicial Review Leave, Procedural Fairness
Source Language
EN
Immigration Law Constitutional Law Administrative Law Human Rights Non Refoulement Torture Risk Internal Relocation Judicial Review Leave +1 more

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Parties

Islam Md Ariful

Applicant

Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant established an arguable non-refoulement/torture claim
  2. 2 Whether internal relocation within Bangladesh was reasonable and available
  3. 3 Whether state/police protection was realistically available on return

Ratio Decidendi

Leave was refused because the applicant failed to identify any reasonably arguable legal error, irrationality or procedural unfairness in the Director's or the Board's decisions; both decision-makers reasonably assessed the evidence, concluded the risk was low, state protection and internal relocation were available, and the applicant later confirmed his problems in Bangladesh had been resolved, so there was no prospect of success for judicial review.

Court Disposition

The application for leave to apply for judicial review is dismissed.

Orders

  • The application for leave to apply for judicial review be dismissed.