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

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

Leave was refused because the applicant failed to identify any arguable legal error, irrationality or procedural unfairness in the Director's and Board's decisions, the risk was localized with available state protection and reasonable internal relocation making return not unlawful, the short delay was insignificant, and the applicant later confirmed withdrawal so there was no realistic prospect of success.

Citation
[2023] HKCFI 10
Parties
Applicant: Khan Mohsin; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
26 January 2023
Case Number
HCAL1358/2020
Procedural Posture
Judicial Review Leave to Apply / Leave Application Dismissed
Outcome
Leave to apply for judicial review dismissed.
Legal Topics
Non Refoulement, Torture and Ill Treatment, Internal Relocation, State Protection, Extension of Time for Judicial Review, Standard of Review, Procedural Fairness
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Non Refoulement Torture and Ill Treatment Internal Relocation State Protection +3 more

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Parties

Khan Mohsin

Applicant

Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Judicial Review Leave to Apply / Leave Application Dismissed

Legal Issues

  1. 1 Whether the applicant was out of time and whether time should be extended
  2. 2 Whether the Board and Director erred in law, were irrational, or procedurally unfair in rejecting non-refoulement/torture claim
  3. 3 Whether internal relocation and state protection in country of origin made return safe

Ratio Decidendi

Leave was refused because the applicant failed to identify any arguable legal error, irrationality or procedural unfairness in the Director's and Board's decisions, the risk was localized with available state protection and reasonable internal relocation making return not unlawful, the short delay was insignificant, and the applicant later confirmed withdrawal so there was no realistic prospect of success.

Court Disposition

Leave to apply for judicial review dismissed.

Orders

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