KADA MUSTAPHA v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

KADA MUSTAPHA v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

No reasonably arguable legal error, procedural unfairness or irrationality was identified in the Director's or the Board's decisions; both made defensible findings that the applicant faced a low localized risk from a private creditor, could seek state protection, and could reasonably relocate within Algeria, therefore leave to apply for judicial review was refused.

Citation
[2020] HKCFI 1974
Parties
Applicant: Kada Mustapha; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
17 August 2020
Case Number
HCAL983/2018
Procedural Posture
Judicial Review Leave to Apply for Judicial Review / Leave Application Refused
Outcome
Leave to apply for judicial review refused.
Legal Topics
Non Refoulement, Torture, Judicial Review Leave, Screening and Appeal Process, Internal Relocation
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Non Refoulement Torture Judicial Review Leave Screening and Appeal Process +1 more

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Parties

Kada Mustapha

Applicant

Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

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

Legal Issues

  1. 1 Whether leave to apply for judicial review should be granted
  2. 2 Whether the Director and the Board committed error of law or procedural unfairness in assessing non-refoulement/torture/persecution risks
  3. 3 Whether threats from a private creditor amount to torture or persecution warranting protection

Ratio Decidendi

No reasonably arguable legal error, procedural unfairness or irrationality was identified in the Director's or the Board's decisions; both made defensible findings that the applicant faced a low localized risk from a private creditor, could seek state protection, and could reasonably relocate within Algeria, therefore leave to apply for judicial review was refused.

Court Disposition

Leave to apply for judicial review refused.

Orders

  • Leave to apply for judicial review refused.