KHAN KAMRAN v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

KHAN KAMRAN v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Leave refused because the applicant failed to identify any reasonably arguable legal error, procedural unfairness or irrationality in the Director's and Board's findings that the risk was localized, state protection and internal relocation were available, and therefore there was no prospect of success on judicial review.

Citation
[2019] HKCFI 2585
Parties
Applicant: Khan Kamran; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
19 December 2019
Case Number
HCAL487/2018
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application Refused (decision on Leave)
Outcome
Leave to apply for judicial review refused.
Legal Topics
Non Refoulement, Torture Risk, Article 3 Hong Kong Bill of Rights, Internal Relocation, Judicial Review Leave Stage, Procedural Fairness
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Non Refoulement Torture Risk Article 3 Hong Kong Bill of Rights Internal Relocation +2 more

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Parties

Khan Kamran

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 Refused (decision on Leave)

Legal Issues

  1. 1 Whether there is a reasonably arguable legal ground to challenge the Board's decision by judicial review
  2. 2 Whether the Board or Director made error of law, procedural unfairness or irrationality in assessing non-refoulement risk
  3. 3 Whether the claimant faces a real risk from a private actor that cannot be addressed by state protection or internal relocation

Ratio Decidendi

Leave refused because the applicant failed to identify any reasonably arguable legal error, procedural unfairness or irrationality in the Director's and Board's findings that the risk was localized, state protection and internal relocation were available, and therefore there was no prospect of success on judicial review.

Court Disposition

Leave to apply for judicial review refused.

Orders

  • Leave to apply for judicial review refused.