BAZEER AHAMED SANFAR ALIAS MOHAMED ISMAIL ZAWAHIR AND OTHERS v. THE PETITION TEAMS (SECURITY BUREAU) [Decision on Leave Application]

BAZEER AHAMED SANFAR ALIAS MOHAMED ISMAIL ZAWAHIR AND OTHERS v. THE PETITION TEAMS (SECURITY BUREAU) [Decision on Leave Application]

Leave to apply for judicial review was refused because the applicants failed to identify any legal error or procedural unfairness in the Director's and Board's decisions, the Board's adverse credibility findings were supported by oral evidence and detailed reasoning, and reliable country information supported availability of internal relocation such that there was no real risk and no prospect of success.

Citation
[2020] HKCFI 1683
Parties
1st Applicant: Bazeer Ahamed Sanfar alias Mohamed Ismail Zawahir; 2nd Applicant: Dina; 3rd Applicant: Bazeer Ahamed Sanfar Mohamed Safar; 4th Applicant: Bazeer Ahamed Fathima Sahana; Putative Respondent: The Petition Teams (Security Bureau); Putative Interested Party: Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
3 August 2020
Case Number
HCAL909/2018
Procedural Posture
Application for Leave to Apply for Judicial Review (non Refoulement/immigration) / Leave Application Refused at Screening Stage
Outcome
Leave to apply for judicial review refused.
Legal Topics
Judicial Review, Leave to Apply for Judicial Review, Credibility Assessment, Internal Relocation, Procedural Fairness, Standard of Review
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Refugee and Non Refoulement Law Judicial Review Leave to Apply for Judicial Review Credibility Assessment +3 more

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Parties

Bazeer Ahamed Sanfar alias Mohamed Ismail Zawahir

1st Applicant

Dina

2nd Applicant

Bazeer Ahamed Sanfar Mohamed Safar

3rd Applicant

Bazeer Ahamed Fathima Sahana

4th Applicant

The Petition Teams (Security Bureau)

Putative Respondent

Torture Claims Appeal Board / Non-refoulement Claims Petition Office

Putative Interested Party

Procedural Posture

Application for Leave to Apply for Judicial Review (non Refoulement/immigration) / Leave Application Refused at Screening Stage

Legal Issues

  1. 1 Whether leave to apply for judicial review should be granted in respect of the Board's dismissal of non-refoulement claims
  2. 2 Whether the Board or Director made errors of law or procedural unfairness in assessing credibility
  3. 3 Whether internal relocation in country of origin negates non-refoulement risk

Ratio Decidendi

Leave to apply for judicial review was refused because the applicants failed to identify any legal error or procedural unfairness in the Director's and Board's decisions, the Board's adverse credibility findings were supported by oral evidence and detailed reasoning, and reliable country information supported availability of internal relocation such that there was no real risk and no prospect of success.

Court Disposition

Leave to apply for judicial review refused.

Orders

  • Leave to apply for judicial review refused.