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

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

Leave was refused because the applicant failed to advance any reasonably arguable ground of illegality, irrationality or procedural unfairness; the Adjudicator conducted a proper rehearing, applied correct legal principles, afforded a fair hearing and reached a decision open on the facts, so there was no realistic prospect of success for judicial review.

Citation
[2019] HKCFI 488
Parties
Applicant: Md Nazmul; 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
24 April 2019
Case Number
HCAL174/2018
Procedural Posture
Application for Leave to Apply for Judicial Review (screening/nrf Appeal) / Leave Application Considered on Papers; Leave Refused
Outcome
Leave to apply for judicial review refused
Legal Topics
Non Refoulement, Torture Risk, Judicial Review Leave, Unified Screening Mechanism, Procedural Fairness
Source Language
EN
Immigration Law Administrative Law Constitutional Law Human Rights Law Non Refoulement Torture Risk Judicial Review Leave Unified Screening Mechanism +1 more

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Parties

Md Nazmul

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 (screening/nrf Appeal) / Leave Application Considered on Papers; Leave Refused

Legal Issues

  1. 1 Whether there was any arguable ground of unlawfulness, unreasonableness or procedural unfairness to justify leave to apply for judicial review
  2. 2 Whether the Adjudicator misapplied relevant legal standards on torture, BOR2/3, persecution or materially failed to afford a fair hearing
  3. 3 Whether the applicant established a real and personal risk of torture or persecution if returned

Ratio Decidendi

Leave was refused because the applicant failed to advance any reasonably arguable ground of illegality, irrationality or procedural unfairness; the Adjudicator conducted a proper rehearing, applied correct legal principles, afforded a fair hearing and reached a decision open on the facts, so there was no realistic prospect of success for judicial review.

Court Disposition

Leave to apply for judicial review refused

Orders

  • Leave to apply for judicial review is refused.
  • Notification of the decision sent to parties on 24 April 2019.