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

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

Leave was refused because the Applicant failed to identify any reasonably arguable error of law, irrationality or procedural unfairness in the Director's or Board's decisions; the Board's adverse credibility findings were justified by the Applicant's non-attendance and refusal to answer questions, available objective country information supported internal relocation as reasonable, and judicial review cannot be used to rehear the merits absent identifiable legal error.

Citation
[2021] HKCFI 1097
Parties
Applicant: Miah Sharif; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
22 April 2021
Case Number
HCAL1410/2018
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application Refused
Outcome
Leave to apply for judicial review refused
Legal Topics
Non Refoulement, Torture and Article 3 HKBOR, Internal Relocation, Credibility and Burden of Proof, Judicial Review Leave Test, Procedural Fairness
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Asylum and Non Refoulement Non Refoulement Torture and Article 3 HKBOR Internal Relocation +3 more

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Parties

Miah Sharif

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 there was an arguable error of law or procedural unfairness in the Board's decision
  2. 2 Whether the Director and Board misapplied non-refoulement law including Torture Risk and BOR Article 3/Article 2
  3. 3 Whether the Applicant faced a real risk of persecution/torture from AL supporters or police on return to Bangladesh

Ratio Decidendi

Leave was refused because the Applicant failed to identify any reasonably arguable error of law, irrationality or procedural unfairness in the Director's or Board's decisions; the Board's adverse credibility findings were justified by the Applicant's non-attendance and refusal to answer questions, available objective country information supported internal relocation as reasonable, and judicial review cannot be used to rehear the merits absent identifiable legal error.

Court Disposition

Leave to apply for judicial review refused

Orders

  • Leave to apply for judicial review refused.