JALLOW DEMBA v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

JALLOW DEMBA v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Leave to apply for judicial review was dismissed because the applicant failed to identify any reasonably arguable error of law, irrationality or procedural unfairness in the Director's and Board's decisions; the Board and Director had a defensible evidential basis and COI indicated low risk with available state...

Source-derived case information.

Citation
[2023] HKCFI 3015
Parties
Applicant: Jallow Demba; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
20 November 2023
Case Number
HCAL1118/2020
Procedural Posture
Application for Leave to Apply for Judicial Review (non Refoulement/torture Claim) / Leave Application Considered and Dismissed
Outcome
The application for leave to apply for judicial review is dismissed.
Legal Topics
Non Refoulement, Prohibition of Torture, Judicial Review (leave Stage), State Protection and Internal Relocation, Procedural Fairness
Source Language
en
Constitutional Law Administrative Law Immigration Law Human Rights Law Asylum and Refugee Law Non Refoulement Prohibition of Torture Judicial Review (leave Stage) +2 more

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Summary, issues, holding and outcome

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Parties

Jallow Demba

Applicant

Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Application for Leave to Apply for Judicial Review (non Refoulement/torture Claim) / Leave Application Considered and Dismissed

Legal Issues

  1. 1 Whether there was any reasonably arguable error of law, irrationality or procedural unfairness in the Board's decision
  2. 2 Whether the applicant faces a real risk of torture or persecution on return to The Gambia
  3. 3 Whether state protection and internal relocation are available and effective

Ratio Decidendi

Leave to apply for judicial review was dismissed because the applicant failed to identify any reasonably arguable error of law, irrationality or procedural unfairness in the Director's and Board's decisions; the Board and Director had a defensible evidential basis and COI indicated low risk with available state protection and feasible internal relocation, so judicial review was not warranted.

Court Disposition

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

Orders

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