MOHAMMAD ARIF v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

MOHAMMAD ARIF v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

The court refused leave because the Board's decision was free of error of law or procedural unfairness, its adverse credibility and factual findings and conclusions on state protection and internal relocation were reasonable and not Wednesbury unreasonable, and the applicant had no realistic prospect of success on judicial review.

Citation
[2021] HKCFI 3361
Parties
Applicant: Mohammad Arif; 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
18 November 2021
Case Number
HCAL223/2019
Procedural Posture
Application for Leave to Apply for Judicial Review / Determination on Papers; Leave Refused
Outcome
Leave to apply for judicial review refused; application dismissed
Legal Topics
Non Refoulement, Torture, State Protection, Internal Relocation, Credibility Assessment, Judicial Review Leave Application, Procedural Fairness
Source Language
EN
Immigration Constitutional and Administrative Law Human Rights Refugee Law Non Refoulement Torture State Protection Internal Relocation +3 more

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Parties

Mohammad Arif

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 / Determination on Papers; Leave Refused

Legal Issues

  1. 1 Whether the Board erred in law or acted with procedural unfairness in assessing the non-refoulement and torture claims
  2. 2 Whether the applicant established a real risk of torture or risk to life on return
  3. 3 Whether effective state protection and viable internal relocation were available

Ratio Decidendi

The court refused leave because the Board's decision was free of error of law or procedural unfairness, its adverse credibility and factual findings and conclusions on state protection and internal relocation were reasonable and not Wednesbury unreasonable, and the applicant had no realistic prospect of success on judicial review.

Court Disposition

Leave to apply for judicial review refused; application dismissed

Orders

  • Leave refused to apply for judicial review
  • Application dismissed