KARIM MD RAZAUL v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE AND ANOTHER [Decision on Leave Application]

KARIM MD RAZAUL v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE AND ANOTHER [Decision on Leave Application]

Leave was refused because the applicant failed to demonstrate exceptional circumstances to bypass the Board and failed to show a reasonable prospect of success; the Board's decision was not shown to be unreasonable or procedurally unfair.

Source-derived case information.

Citation
[2020] HKCFI 73
Parties
Applicant: Karim Md Razaul; 1st Putative Respondent: Torture Claims Appeal Board/Non-refoulement Claims Petition Office; 2nd Putative Respondent: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
3 January 2020
Case Number
HCAL1587/2018
Procedural Posture
Judicial Review Leave Application / Decision on Leave
Outcome
Leave to apply for judicial review refused and application dismissed
Legal Topics
Non Refoulement, Torture and CIDTP, Internal Relocation, Procedural Fairness, State Acquiescence, Judicial Review Leave Test
Source Language
en
Constitutional and Administrative Law Immigration Law Human Rights Law Refugee Law Non Refoulement Torture and CIDTP Internal Relocation Procedural Fairness +2 more

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Parties

Karim Md Razaul

Applicant

Torture Claims Appeal Board/Non-refoulement Claims Petition Office

1st Putative Respondent

Director of Immigration

2nd Putative Respondent

Procedural Posture

Judicial Review Leave Application / Decision on Leave

Legal Issues

  1. 1 Whether applicant may pursue judicial review of the Director's decision absent exceptional circumstances
  2. 2 Whether the Board's decision was unreasonable or infected by procedural unfairness
  3. 3 Whether applicant faces risk of torture, CIDTP or violation of right to life on return to Bangladesh

Ratio Decidendi

Leave was refused because the applicant failed to demonstrate exceptional circumstances to bypass the Board and failed to show a reasonable prospect of success; the Board's decision was not shown to be unreasonable or procedurally unfair.

Court Disposition

Leave to apply for judicial review refused and application dismissed

Orders

  • Application for leave to apply for judicial review dismissed
  • No order as to costs recorded in the decision text