JABBIE DAVID v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

JABBIE DAVID v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

The application for leave was dismissed because the applicant failed to identify any reasonably arguable legal error, irrationality or procedural unfairness in the Board's adverse credibility-based decision which was supported by evidence and country information; therefore there was no prospect of success on...

Source-derived case information.

Citation
[2023] HKCFI 1974
Parties
Applicant: Jabbie David; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
2 August 2023
Case Number
HCAL36/2023
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application Dismissed
Outcome
Application for leave to apply for judicial review dismissed.
Legal Topics
Non Refoulement, Torture Risk, Credibility Findings, Procedural Fairness, Leave for Judicial Review
Source Language
en
Constitutional and Administrative Law Immigration Law Human Rights Law Administrative Judicial Review Non Refoulement Torture Risk Credibility Findings Procedural Fairness +1 more

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Parties

Jabbie David

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 leave to apply for judicial review should be granted
  2. 2 Whether the Board or Director committed legal error, procedural unfairness or irrationality in rejecting the non-refoulement claim
  3. 3 Whether the applicant faces a real risk of torture, ill-treatment or persecution on return to The Gambia

Ratio Decidendi

The application for leave was dismissed because the applicant failed to identify any reasonably arguable legal error, irrationality or procedural unfairness in the Board's adverse credibility-based decision which was supported by evidence and country information; therefore there was no prospect of success on judicial review.

Court Disposition

Application for leave to apply for judicial review dismissed.

Orders

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