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

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

Leave was refused because the applicant failed to show a reasonably arguable case; the Adjudicator's findings were supported by evidence, lawful and not Wednesbury unreasonable; there was no procedural unfairness, the appeal bundle was served in accordance with practice directions and the applicant was not prejudiced by lack of representation or language assistance, so there was no realistic prospect of success on judicial review.

Citation
[2019] HKCFI 2168
Parties
Applicant: Khan Asfaque; Putative Respondent: Torture Claims Appeal Board/Non-refoulement Claims Petition Office; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
4 September 2019
Case Number
HCAL826/2018
Procedural Posture
Application for Leave to Apply for Judicial Review — Non Refoulement Claim / Leave Stage — Application for Leave Refused
Outcome
Leave to apply for judicial review refused
Legal Topics
Non Refoulement, Torture and CAT Protection, Judicial Review, Procedural Fairness, Leave to Apply for Judicial Review, State Protection and Internal Relocation
Source Language
EN
Administrative Law Constitutional Law Immigration Law Refugee and Asylum Law Human Rights Law Non Refoulement Torture and CAT Protection Judicial Review +3 more

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Parties

Khan Asfaque

Applicant

Torture Claims Appeal Board/Non-refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Application for Leave to Apply for Judicial Review — Non Refoulement Claim / Leave Stage — Application for Leave Refused

Legal Issues

  1. 1 Whether the Adjudicator's decision was Wednesbury unreasonable or irrational
  2. 2 Whether procedural fairness was breached by lack of legal representation or language assistance
  3. 3 Whether the appellant was prejudiced by late service of the appeal bundle

Ratio Decidendi

Leave was refused because the applicant failed to show a reasonably arguable case; the Adjudicator's findings were supported by evidence, lawful and not Wednesbury unreasonable; there was no procedural unfairness, the appeal bundle was served in accordance with practice directions and the applicant was not prejudiced by lack of representation or language assistance, so there was no realistic prospect of success on judicial review.

Court Disposition

Leave to apply for judicial review refused

Orders

  • Leave to apply for judicial review is refused