MAHBOOB ALI SHAN v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

MAHBOOB ALI SHAN v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Leave was refused because the Board's adverse credibility finding and its assessment that the risk was localized with available state protection and reasonable internal relocation were rational and supported by evidence; the applicant failed to identify any legal error or procedural unfairness to found a reasonably...

Source-derived case information.

Citation
[2020] HKCFI 2189
Parties
Applicant: Mahboob Ali Shan; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
7 September 2020
Case Number
HCAL734/2018
Procedural Posture
Application for Leave to Apply for Judicial Review (non Refoulement) / Leave Application Refused
Outcome
Leave to apply for judicial review refused.
Legal Topics
Non Refoulement, Torture Risk, Credibility Assessment, Internal Relocation, Judicial Review Leave, Procedural Fairness
Source Language
en
Immigration Law Constitutional Law Administrative Law Human Rights Law Non Refoulement Torture Risk Credibility Assessment Internal Relocation +2 more

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Parties

Mahboob Ali Shan

Applicant

Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Application for Leave to Apply for Judicial Review (non Refoulement) / Leave Application Refused

Legal Issues

  1. 1 Whether the Board and Director erred in law or committed procedural unfairness in rejecting the non-refoulement claim
  2. 2 Whether adverse credibility findings were reasonably open on the evidence
  3. 3 Whether risk was localized and internal relocation or state protection made return safe

Ratio Decidendi

Leave was refused because the Board's adverse credibility finding and its assessment that the risk was localized with available state protection and reasonable internal relocation were rational and supported by evidence; the applicant failed to identify any legal error or procedural unfairness to found a reasonably arguable judicial review claim.

Court Disposition

Leave to apply for judicial review refused.

Orders

  • Leave to apply for judicial review refused