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

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

Leave refused because applicant failed to identify any legal error, procedural unfairness or irrationality in the Director's and Board's decisions; the Board's adverse credibility finding and the conclusion that the risk was localized and internal relocation in Pakistan was reasonable were open to the primary decision-makers and did not amount to reviewable error, so there was no prospect of success on judicial review.

Citation
[2019] HKCFI 357
Parties
Applicant: Khan Ramzan; 1st Putative Respondent: Torture Claims Appeal Board / Non-Refoulement Claims Petition Office; 2nd Putative Respondent: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
13 February 2019
Case Number
HCAL881/2017
Procedural Posture
Judicial Review / Application for Leave to Apply for Judicial Review Refused
Outcome
Leave to apply for judicial review refused
Legal Topics
Non Refoulement, Torture Risk, Article 3 HKBOR, Internal Relocation, Credibility Assessment, Judicial Review Leave Threshold
Source Language
EN
Immigration Law Constitutional Law Administrative Law Human Rights Non Refoulement Torture Risk Article 3 HKBOR Internal Relocation +2 more

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Parties

Khan Ramzan

Applicant

Torture Claims Appeal Board / Non-Refoulement Claims Petition Office

1st Putative Respondent

Director of Immigration

2nd Putative Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant faces a real risk of torture or ill-treatment if returned to Pakistan under Part VIIC of the Immigration Ordinance and Article 3 HKBOR
  2. 2 Whether internal relocation in Pakistan is reasonable and available to negate non-refoulement protection
  3. 3 Whether the Director and the Board committed legal error, procedural unfairness or irrationality warranting judicial review

Ratio Decidendi

Leave refused because applicant failed to identify any legal error, procedural unfairness or irrationality in the Director's and Board's decisions; the Board's adverse credibility finding and the conclusion that the risk was localized and internal relocation in Pakistan was reasonable were open to the primary decision-makers and did not amount to reviewable error, so 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