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

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

Leave to apply for judicial review was refused because the adjudicator conducted a rehearing, applied the correct legal tests across torture, CIDTP, persecution and right to life grounds, relied on objective country information, afforded the required standard of fairness, made no error of law or procedural...

Source-derived case information.

Citation
[2018] HKCFI 514
Parties
Applicant: Khan Zuhaib; 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
16 March 2018
Case Number
HCAL374/2017
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application Considered and Refused (notification of Judge's Decision)
Outcome
Leave to apply for judicial review refused
Legal Topics
Non Refoulement, Torture, Cruel, Inhuman or Degrading Treatment or Punishment (cidtp), Persecution, Right to Life, Judicial Review, Enhanced Wednesbury Standard, Procedural Fairness
Source Language
en
Constitutional and Administrative Law Immigration Law Human Rights Law Refugee and Non Refoulement Law Non Refoulement Torture Cruel, Inhuman or Degrading Treatment or Punishment (cidtp) Persecution +4 more

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Parties

Khan Zuhaib

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 / Leave Application Considered and Refused (notification of Judge's Decision)

Legal Issues

  1. 1 Whether the adjudicator erred in law in rejecting the non-refoulement/torture/persecution claims
  2. 2 Whether there was procedural unfairness in the adjudication
  3. 3 Whether the applicant faced a real risk of torture, CIDTP, persecution or death if returned to Pakistan

Ratio Decidendi

Leave to apply for judicial review was refused because the adjudicator conducted a rehearing, applied the correct legal tests across torture, CIDTP, persecution and right to life grounds, relied on objective country information, afforded the required standard of fairness, made no error of law or procedural unfairness and the applicant had no realistic prospect of success.

Court Disposition

Leave to apply for judicial review refused

Orders

  • Leave to apply for judicial review refused.