MOHAMMED JAWED v. DIRECTOR OF IMMIGRATION AND ANOTHER [Decision on Leave Application]

MOHAMMED JAWED v. DIRECTOR OF IMMIGRATION AND ANOTHER [Decision on Leave Application]

Leave for judicial review was refused because the applicant had the opportunity to present additional material but failed to do so at the TCAB hearing, the COI and evidence before the decision‑makers did not establish substantial grounds for believing he faced torture, persecution or a risk to life, the threats were assessed as private criminal acts without state acquiescence, internal relocation was reasonably available, and there was no demonstrable legal error or procedural unfairness warranting review.

Citation
[2018] HKCFI 199
Parties
Applicant: Mohammed Jawed; 1st Putative Respondent: Director of Immigration; 2nd Putative Respondent: Torture Claims Appeal Board
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 January 2018
Case Number
HCAL196/2017
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Refused (notification of Judge's Decision)
Outcome
Leave to apply for judicial review refused
Legal Topics
Non‑refoulement, Torture Risk, BOR Article 2 Right to Life, BOR Article 3 Cruel Inhuman or Degrading Treatment, Persecution Under Refugee Convention, Credibility and Burden of Proof, Country of Origin Information, Procedural Fairness, Internal Relocation
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Refugee and Non‑refoulement Law Non‑refoulement Torture Risk BOR Article 2 Right to Life +6 more

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Parties

Mohammed Jawed

Applicant

Director of Immigration

1st Putative Respondent

Torture Claims Appeal Board

2nd Putative Respondent

Procedural Posture

Application for Leave to Apply for Judicial Review / Leave Refused (notification of Judge's Decision)

Legal Issues

  1. 1 Whether applicant was denied procedural fairness by not being given opportunity to submit additional information in support of BOR 2 claim
  2. 2 Whether TCAB/Director failed to take into account or give proper weight to Country of Origin Information
  3. 3 Whether claimed threats amounted to torture, CIDTP, or persecution or were private criminal acts

Ratio Decidendi

Leave for judicial review was refused because the applicant had the opportunity to present additional material but failed to do so at the TCAB hearing, the COI and evidence before the decision‑makers did not establish substantial grounds for believing he faced torture, persecution or a risk to life, the threats were assessed as private criminal acts without state acquiescence, internal relocation was reasonably available, and there was no demonstrable legal error or procedural unfairness warranting review.

Court Disposition

Leave to apply for judicial review refused

Orders

  • Leave to apply for judicial review refused