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

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

Leave to apply for judicial review was refused because the applicant failed to identify any arguable error of law, procedural unfairness or irrationality in the Board's decision; the Board's adverse credibility findings and assessment that only verbal threats were shown were rational and within the Board's exclusive factfinding province, such that there was no realistic prospect of success on judicial review.

Citation
[2022] HKCFI 1774
Parties
Applicant: Mannan Abdul; 1st Respondent: Torture Claims Appeal Board / Non-Refoulement Claims Petition Office; 2nd Respondent: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
15 June 2022
Case Number
HCAL1040/2019
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, Torture and Article 3 BOR, Refugee Protection, Judicial Review, Standard of Review, Credibility Assessment, Wednesbury Unreasonableness, Burden and Standard of Proof
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Non Refoulement Torture and Article 3 BOR Refugee Protection Judicial Review +4 more

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Parties

Mannan Abdul

Applicant

Torture Claims Appeal Board / Non-Refoulement Claims Petition Office

1st Respondent

Director of Immigration

2nd Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the Board's dismissal of the non-refoulement claim involved error of law, procedural unfairness or irrationality
  2. 2 Whether the Board erred in its credibility assessment and factual findings
  3. 3 Whether the court should reassess the merits of the non-refoulement claim or confine review to legal error

Ratio Decidendi

Leave to apply for judicial review was refused because the applicant failed to identify any arguable error of law, procedural unfairness or irrationality in the Board's decision; the Board's adverse credibility findings and assessment that only verbal threats were shown were rational and within the Board's exclusive factfinding province, such that there was no realistic prospect of success on judicial review.

Court Disposition

Leave to apply for judicial review refused

Orders

  • Leave to apply for judicial review refused (dated 15 June 2022)