KHALID MEHMOOD v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

KHALID MEHMOOD v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

The application for leave was refused because the applicant failed to demonstrate any reasonable prospect of success or any reviewable error by the Board; adverse factual and credibility findings were not attacked on grounds that would justify judicial interference.

Source-derived case information.

Citation
[2020] HKCFI 970
Parties
Applicant: Khalid Mehmood; Putative Respondent: Torture Claims Appeal Board/Non-refoulement Claims Petition Office
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
29 May 2020
Case Number
HCAL1632/2018
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Stage — Application for Leave Refused
Outcome
Leave to apply for judicial review refused; application dismissed.
Legal Topics
Non Refoulement, Torture/cidtp Claims, Credibility Findings, Leave to Apply for Judicial Review, Procedural Fairness, Finality of Adjudicator's Findings
Source Language
en
Constitutional Law Administrative Law Immigration Law Human Rights Law Refugee and Asylum Law Non Refoulement Torture/cidtp Claims Credibility Findings +3 more

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Parties

Khalid Mehmood

Applicant

Torture Claims Appeal Board/Non-refoulement Claims Petition Office

Putative Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the Board or Director committed reviewable error of law or procedural unfairness
  2. 2 Whether the applicant has a reasonable prospect of success to justify leave to apply for judicial review
  3. 3 Whether findings of fact by the Adjudicator can be re-opened on judicial review

Ratio Decidendi

The application for leave was refused because the applicant failed to demonstrate any reasonable prospect of success or any reviewable error by the Board; adverse factual and credibility findings were not attacked on grounds that would justify judicial interference.

Court Disposition

Leave to apply for judicial review refused; application dismissed.

Orders

  • Leave to apply for judicial review refused.
  • Applicant's application dismissed.