MIAH SENTU v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

MIAH SENTU v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Leave was dismissed because the Director and the Board reasonably found the claimed risks to be low based on lack of significant past ill-treatment, availability of state protection and viable internal relocation supported by COI, the applicant failed to particularise any arguable grounds for judicial review in his leave application, and the applicant subsequently affirmed that the basis for his claim no longer existed and sought to return to Bangladesh.

Citation
[2020] HKCFI 3036
Parties
Applicant: Miah Sentu; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
4 December 2020
Case Number
HCAL719/2019
Procedural Posture
Judicial Review (leave to Apply) / Decision on Application for Leave to Apply for Judicial Review (leave Dismissed)
Outcome
Application for leave to apply for judicial review dismissed.
Legal Topics
Non Refoulement, Risk of Torture, Article 2 HKBOR (right to Life), Article 3 HKBOR (prohibition of Torture and Inhuman Treatment), Internal Relocation, Country of Origin Information (coi), Leave to Apply for Judicial Review, Procedural Dismissal/withdrawal
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Refugee and Asylum Law Non Refoulement Risk of Torture Article 2 HKBOR (right to Life) +5 more

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Parties

Miah Sentu

Applicant

Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Judicial Review (leave to Apply) / Decision on Application for Leave to Apply for Judicial Review (leave Dismissed)

Legal Issues

  1. 1 Whether the applicant faced a real risk of torture or other serious harm if returned to Bangladesh
  2. 2 Whether state protection or reasonable internal relocation in Bangladesh was available to the applicant
  3. 3 Whether the Board and Director properly applied the law and COI in assessing risk

Ratio Decidendi

Leave was dismissed because the Director and the Board reasonably found the claimed risks to be low based on lack of significant past ill-treatment, availability of state protection and viable internal relocation supported by COI, the applicant failed to particularise any arguable grounds for judicial review in his leave application, and the applicant subsequently affirmed that the basis for his claim no longer existed and sought to return to Bangladesh.

Court Disposition

Application for leave to apply for judicial review dismissed.

Orders

  • The application for leave to apply for judicial review be dismissed.