KHALIQ ABDUL v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

KHALIQ ABDUL v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Leave refused because the applicant failed to identify any reasonably arguable legal error, irrationality or procedural unfairness in the Director's and Board's decisions; both bodies properly found the risk was localized, low and amenable to internal relocation, so no arguable basis for judicial review existed.

Citation
[2020] HKCFI 2210
Parties
Applicant: Khaliq Abdul; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
2 September 2020
Case Number
HCAL793/2018
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Stage Application Refused
Outcome
Leave to apply for judicial review refused
Legal Topics
Non Refoulement, Torture Risk, Internal Relocation, Procedural Fairness, Judicial Review Standard
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Non Refoulement Torture Risk Internal Relocation Procedural Fairness +1 more

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Parties

Khaliq Abdul

Applicant

Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

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

Legal Issues

  1. 1 Whether leave for judicial review should be granted
  2. 2 Whether the Director of Immigration and the Torture Claims Appeal Board made legal errors or procedural unfairness in assessing non-refoulement and torture risk
  3. 3 Whether the applicant faces persecution or a real risk of serious harm on return to Pakistan

Ratio Decidendi

Leave refused because the applicant failed to identify any reasonably arguable legal error, irrationality or procedural unfairness in the Director's and Board's decisions; both bodies properly found the risk was localized, low and amenable to internal relocation, so no arguable basis for judicial review existed.

Court Disposition

Leave to apply for judicial review refused

Orders

  • Leave to apply for judicial review refused