MOHAMMED AFSAR ALI v. TORTURE CLAIMS APPEAL BOARD/NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

MOHAMMED AFSAR ALI v. TORTURE CLAIMS APPEAL BOARD/NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

The applicant failed to demonstrate any arguable or reasonable prospect of success because the Board's evaluation of evidence and findings that the claim was unsubstantiated, that internal relocation and alternative remedies were available, and that the late appeal explanation was unacceptable were within its evaluative province; no legal error or breach of procedural fairness was shown, therefore leave to apply for judicial review was refused.

Citation
[2020] HKCFI 1479
Parties
Applicant: Mohammed Afsar Ali; Putative Respondent: Torture Claims Appeal Board/Non-refoulement Claims Petition Office
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
9 July 2020
Case Number
HCAL1809/2018
Procedural Posture
Leave to Apply for Judicial Review (immigration/non Refoulement) / Decision on Leave Application (refused)
Outcome
Leave to apply for judicial review refused; application dismissed.
Legal Topics
Non Refoulement, Torture and CIDTP, Article 2 and 3 HKBOR, Leave to Apply for Judicial Review, Evaluation of Evidence, Extension of Time/internal Relocation
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Refugee Law Non Refoulement Torture and CIDTP Article 2 and 3 HKBOR +3 more

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Parties

Mohammed Afsar Ali

Applicant

Torture Claims Appeal Board/Non-refoulement Claims Petition Office

Putative Respondent

Procedural Posture

Leave to Apply for Judicial Review (immigration/non Refoulement) / Decision on Leave Application (refused)

Legal Issues

  1. 1 Whether the Board erred in law or breached procedural fairness in refusing extension of time and dismissing the non-refoulement/torture claim
  2. 2 Whether the applicant demonstrated a real prospect of success on judicial review
  3. 3 Whether risks of torture, BOR2 (right to life), BOR3 (CIDTP) or persecution were made out

Ratio Decidendi

The applicant failed to demonstrate any arguable or reasonable prospect of success because the Board's evaluation of evidence and findings that the claim was unsubstantiated, that internal relocation and alternative remedies were available, and that the late appeal explanation was unacceptable were within its evaluative province; no legal error or breach of procedural fairness was shown, therefore leave to apply for judicial review was refused.

Court Disposition

Leave to apply for judicial review refused; application dismissed.

Orders

  • Leave to apply for judicial review refused.
  • Application dismissed.