MD MAMUN OR RASHID v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

MD MAMUN OR RASHID v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Leave to apply for judicial review was refused because the Board's adverse credibility findings were amply supported by the hearing record, there was no identifiable legal error or procedural unfairness in the Director's or Board's decisions, and the Director's finding that reasonable internal relocation was available negated any arguable prospect of successful non-refoulement relief.

Citation
[2020] HKCFI 1924
Parties
Applicant: Md Mamun Or Rashid; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
12 August 2020
Case Number
HCAL522/2018
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application Refused
Outcome
Leave refused
Legal Topics
Non Refoulement, Credibility Assessment, Internal Relocation, Procedural Fairness, Standard of Judicial Review, Leave to Apply for Judicial Review
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Refugee Law Torture Prohibition Non Refoulement Credibility Assessment +4 more

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Parties

Md Mamun Or Rashid

Applicant

Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

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

Legal Issues

  1. 1 Whether leave to apply for judicial review should be granted
  2. 2 Whether the Director of Immigration or the Torture Claims Appeal Board made an error of law or procedural unfairness
  3. 3 Whether the Board's adverse credibility finding was reasonably open on the evidence

Ratio Decidendi

Leave to apply for judicial review was refused because the Board's adverse credibility findings were amply supported by the hearing record, there was no identifiable legal error or procedural unfairness in the Director's or Board's decisions, and the Director's finding that reasonable internal relocation was available negated any arguable prospect of successful non-refoulement relief.

Court Disposition

Leave refused

Orders

  • Leave to apply for judicial review refused.