MD SARIF v. STUART M. I. STOKER, ESQ. [Decision on Leave Application]

MD SARIF v. STUART M. I. STOKER, ESQ. [Decision on Leave Application]

Leave to apply for judicial review was refused because the applicant's complaints were not reasonably arguable: the Adjudicator had a proper evidential basis for his findings, there were no errors of law or procedural unfairness, the findings were not Wednesbury unreasonable, the applicant failed to show prejudice from any lack of legal representation or the timing of the bundle, state protection and internal relocation were reasonably available, and the new First Information Report was produced too late without adequate explanation to warrant admission.

Citation
[2019] HKCFI 1977
Parties
Applicant: MD Sarif; Putative Respondent: Adjudicator (Torture Claims Appeal Board); Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
9 August 2019
Case Number
HCAL603/2018
Procedural Posture
Leave to Apply for Judicial Review (non Refoulement/torture Screening) / Application for Leave Refused (leave Stage)
Outcome
Leave to apply for judicial review refused
Legal Topics
Non Refoulement, Torture Convention, Procedural Fairness, Leave to Apply for Judicial Review, Screening and Appeal Mechanism, State Protection, Internal Relocation, Standard of Review
Source Language
EN
Administrative Law Constitutional Law Immigration Law Human Rights Law Refugee and Asylum Law Non Refoulement Torture Convention Procedural Fairness +5 more

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Parties

MD Sarif

Applicant

Adjudicator (Torture Claims Appeal Board)

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Leave to Apply for Judicial Review (non Refoulement/torture Screening) / Application for Leave Refused (leave Stage)

Legal Issues

  1. 1 Whether the Adjudicator's decision was unlawful, irrational or procedurally unfair
  2. 2 Whether the Adjudicator misdirected himself in law or applied the wrong standard of proof
  3. 3 Whether the applicant was prejudiced by lack of or inadequate legal representation or late service of the appeal bundle

Ratio Decidendi

Leave to apply for judicial review was refused because the applicant's complaints were not reasonably arguable: the Adjudicator had a proper evidential basis for his findings, there were no errors of law or procedural unfairness, the findings were not Wednesbury unreasonable, the applicant failed to show prejudice from any lack of legal representation or the timing of the bundle, state protection and internal relocation were reasonably available, and the new First Information Report was produced too late without adequate explanation to warrant admission.

Court Disposition

Leave to apply for judicial review refused

Orders

  • Leave to apply for judicial review refused.