MOHAMMAD PARVEZ v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

MOHAMMAD PARVEZ v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

The application for leave was dismissed because the applicant failed to identify any reasonably arguable legal error, irrationality or procedural unfairness in the Director's and Board's decisions; their credibility findings, conclusion of low localized risk, and assessment that state protection and internal relocation were available were lawful and adequately reasoned, so leave is not justified.

Citation
[2022] HKCFI 2983
Parties
Applicant: Mohammad Parvez; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
29 September 2022
Case Number
HCAL769/2019
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application (decision on Leave Dismissed)
Outcome
Application for leave to apply for judicial review dismissed.
Legal Topics
Non Refoulement, Torture Risk, Internal Relocation, Credibility Assessment, Judicial Review Leave Stage, Procedural Fairness
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Non Refoulement Torture Risk Internal Relocation Credibility Assessment +2 more

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Parties

Mohammad Parvez

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 (decision on Leave Dismissed)

Legal Issues

  1. 1 Whether the applicant has an arguable ground of law to obtain leave for judicial review
  2. 2 Whether the Director and the Board made errors of law, acted irrationally or breached procedural fairness in rejecting the non-refoulement claim
  3. 3 Whether internal relocation and state protection are reasonably available to the applicant

Ratio Decidendi

The application for leave was dismissed because the applicant failed to identify any reasonably arguable legal error, irrationality or procedural unfairness in the Director's and Board's decisions; their credibility findings, conclusion of low localized risk, and assessment that state protection and internal relocation were available were lawful and adequately reasoned, so leave is not justified.

Court Disposition

Application for leave to apply for judicial review dismissed.

Orders

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