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

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

Leave refused because the Applicant's grounds were broad, vague and lacking particulars; the Board and Director made rational assessments that past ill‑treatment was localized, state protection and reasonable internal relocation were available, no legal error or procedural unfairness was identified, and there was no prospect of success on judicial review.

Citation
[2020] HKCFI 1480
Parties
Applicant: Khan Nasir; Putative Respondent: Torture Claims Appeal Board
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
28 July 2020
Case Number
HCAL489/2018
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application Refused
Outcome
Leave to apply for judicial review refused.
Legal Topics
Non Refoulement, Risk of Torture, Internal Relocation, Judicial Review Standard of Review, Screening and Appeal Process
Source Language
EN
Constitutional and Administrative Law Immigration Law Human Rights Law Non Refoulement Risk of Torture Internal Relocation Judicial Review Standard of Review Screening and Appeal Process

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Parties

Khan Nasir

Applicant

Torture Claims Appeal Board

Putative Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the Board was unreasonable in failing to accept the Applicant had been tortured
  2. 2 Whether there was a real risk of future harm on return to Pakistan
  3. 3 Whether state protection and internal relocation were adequately considered

Ratio Decidendi

Leave refused because the Applicant's grounds were broad, vague and lacking particulars; the Board and Director made rational assessments that past ill‑treatment was localized, state protection and reasonable internal relocation were available, no legal error or procedural unfairness was identified, and 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.