MIHA MD LIMON v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

MIHA MD LIMON v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Leave to apply for judicial review refused because the applicant's case was wholly unsupported by documentary or testimonial evidence, he failed to give evidence at the appeal hearing, the Director and the Board applied the correct legal tests and there was no error of law or procedural unfairness, and objective...

Source-derived case information.

Citation
[2018] HKCFI 268
Parties
Applicant: MIHA MD LIMON; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
8 February 2018
Case Number
HCAL184/2017
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 Cruel, Inhuman or Degrading Treatment, Article 3 HKBOR, Internal Relocation, Procedural Fairness, Leave to Apply for Judicial Review
Source Language
en
Constitutional and Administrative Law Immigration Law Human Rights Law Refugee and Asylum Law Non Refoulement Torture and Cruel, Inhuman or Degrading Treatment Article 3 HKBOR Internal Relocation +2 more

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Parties

MIHA MD LIMON

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 leave to apply for judicial review should be granted
  2. 2 Whether the Director of Immigration and the Torture Claims Appeal Board erred in law or acted procedurally unfairly
  3. 3 Whether the applicant established a real risk of torture, persecution or violation of BOR rights

Ratio Decidendi

Leave to apply for judicial review refused because the applicant's case was wholly unsupported by documentary or testimonial evidence, he failed to give evidence at the appeal hearing, the Director and the Board applied the correct legal tests and there was no error of law or procedural unfairness, and objective country information indicated internal relocation was available and reasonable.

Court Disposition

Leave to apply for judicial review refused.

Orders

  • Leave to apply for judicial review refused