KHAWAR ABBAS v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

KHAWAR ABBAS v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Leave was refused because the Applicant failed to identify any reasonably arguable legal error, irrationality or procedural unfairness in the Director's or Board's decisions; the Board's adverse credibility findings and conclusion that internal relocation was reasonable were supported by the evidence and thus there was no prospect of success on judicial review.

Citation
[2021] HKCFI 1451
Parties
Applicant: Khawar Abbas; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
21 May 2021
Case Number
HCAL1045/2018
Procedural Posture
Judicial Review Leave Application / Leave Application Refused
Outcome
Leave to apply for judicial review refused.
Legal Topics
Non Refoulement, Torture Claim, Credibility Assessment, Leave to Apply for Judicial Review, Procedural Fairness, Internal Relocation
Source Language
EN
Constitutional and Administrative Law Immigration Law Human Rights Non Refoulement Torture Claim Credibility Assessment Leave to Apply for Judicial Review Procedural Fairness +1 more

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Parties

Khawar Abbas

Applicant

Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Judicial Review Leave Application / Leave Application Refused

Legal Issues

  1. 1 Whether leave to apply for judicial review should be granted
  2. 2 Whether the Director or the Torture Claims Appeal Board made an error of law, acted irrationally or committed procedural unfairness
  3. 3 Whether internal relocation in Pakistan negates non-refoulement risk

Ratio Decidendi

Leave was refused because the Applicant failed to identify any reasonably arguable legal error, irrationality or procedural unfairness in the Director's or Board's decisions; the Board's adverse credibility findings and conclusion that internal relocation was reasonable were supported by the evidence and thus 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.