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

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

Leave to apply for judicial review refused because the applicant's complaints were not reasonably arguable: the appeal bundle was served within the prescribed time, the applicant had available assistance and interpreters, there was no procedural unfairness, the Adjudicator properly applied the law, had evidential basis for findings on risk, state protection and internal relocation, and the decision was not Wednesbury unreasonable.

Citation
[2019] HKCFI 678
Parties
Applicant: Mohammad Mukhtar; 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 March 2019
Case Number
HCAL816/2018
Procedural Posture
Judicial Review Leave to Apply / Leave Application (refused)
Outcome
Leave to apply for judicial review refused.
Legal Topics
Non Refoulement, Torture Convention, Risk Assessment, Procedural Fairness, Judicial Review, Internal Relocation, State Protection
Source Language
EN
Immigration Constitutional and Administrative Law Human Rights Refugee and Asylum Non Refoulement Torture Convention Risk Assessment Procedural Fairness +3 more

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Parties

Mohammad Mukhtar

Applicant

Torture Claims Appeal Board/Non-refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Judicial Review Leave to Apply / Leave Application (refused)

Legal Issues

  1. 1 Whether the Adjudicator fettered his discretion
  2. 2 Whether procedural unfairness arose from late service of the appeal bundle, language difficulties and lack of legal representation
  3. 3 Whether the Adjudicator's findings were Wednesbury unreasonable or irrational

Ratio Decidendi

Leave to apply for judicial review refused because the applicant's complaints were not reasonably arguable: the appeal bundle was served within the prescribed time, the applicant had available assistance and interpreters, there was no procedural unfairness, the Adjudicator properly applied the law, had evidential basis for findings on risk, state protection and internal relocation, and the decision was not Wednesbury unreasonable.

Court Disposition

Leave to apply for judicial review refused.