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

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

Leave was refused because the applicant had no reasonable prospect of success: the Board lawfully disbelieved the applicant's factual account due to inconsistencies and contradictions, the applicant admitted before the court that he had a fair interview and hearing and understood the decision, and the alleged procedural defects and lack of representation did not establish arguable unfairness sufficient to entitle him to judicial review.

Citation
[2019] HKCFI 2191
Parties
Applicant: Md Repon Monse; 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
5 September 2019
Case Number
HCAL1693/2018
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application Considered on Documents and Oral Submission; Leave Refused
Outcome
Leave to apply for judicial review refused; application dismissed.
Legal Topics
Non‑refoulement, Risk of Torture/cidtp, Hong Kong Bill of Rights Article 2 (right to Life), Hong Kong Bill of Rights Article 3 (prohibition of Torture/cidtp), Procedural Fairness, Credibility Findings, Leave to Apply for Judicial Review
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Refugee Law Non‑refoulement Risk of Torture/cidtp Hong Kong Bill of Rights Article 2 (right to Life) +4 more

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Parties

Md Repon Monse

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 / Leave Application Considered on Documents and Oral Submission; Leave Refused

Legal Issues

  1. 1 Whether the applicant has a reasonable prospect of success on a proposed judicial review
  2. 2 Whether procedural fairness was breached by late hearing bundle, lack of interpreter and lack of legal representation
  3. 3 Whether the Board lawfully and rationally disbelieved the applicant's account and whether that precludes relief

Ratio Decidendi

Leave was refused because the applicant had no reasonable prospect of success: the Board lawfully disbelieved the applicant's factual account due to inconsistencies and contradictions, the applicant admitted before the court that he had a fair interview and hearing and understood the decision, and the alleged procedural defects and lack of representation did not establish arguable unfairness sufficient to entitle him to judicial review.

Court Disposition

Leave to apply for judicial review refused; application dismissed.

Orders

  • Leave to apply for judicial review refused
  • Applicant's application dismissed