KASHIF MUHAMMAD v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

KASHIF MUHAMMAD v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

The leave application was dismissed because it was brought more than three years out of time without satisfactory explanation, the intended challenge lacked any reasonably arguable merit since both the Director and the Board lawfully and fairly found the risk to be localized with state protection and reasonable...

Source-derived case information.

Citation
[2021] HKCFI 1524
Parties
Applicant: Kashif Muhammad; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
28 May 2021
Case Number
HCAL887/2020
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application Dismissed
Outcome
The application for leave to apply for judicial review is dismissed.
Legal Topics
Non Refoulement, Torture Risk, HKBOR Article 2, HKBOR Article 3, Judicial Review Leave and Delay, Internal Relocation, Standard of Review
Source Language
en
Immigration Law Constitutional Law Administrative Law Human Rights Law Non Refoulement Torture Risk HKBOR Article 2 HKBOR Article 3 +3 more

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Parties

Kashif Muhammad

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 the leave application was time‑barred and whether time should be extended
  2. 2 Whether the Applicant established an arguable error of law, irrationality or procedural unfairness by the Director or the Board
  3. 3 Whether the risk asserted (private revenge by a family) engages torture/Article 3/HKBOR protections

Ratio Decidendi

The leave application was dismissed because it was brought more than three years out of time without satisfactory explanation, the intended challenge lacked any reasonably arguable merit since both the Director and the Board lawfully and fairly found the risk to be localized with state protection and reasonable internal relocation available, and there was no identifiable legal error, irrationality or procedural unfairness to justify judicial review.

Court Disposition

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

Orders

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